Leichman v. Brown

Case Background

Plaintiff Danny Leichman filed a medical malpractice lawsuit against Dr. Douglas Brown alleging negligence and breach of standard of care. The case was filed in the Fourth Judicial District Court, Louisiana. Judge Jeff Joyce presided over the case. [Case number: 2021-1472]

Cause

Danny Leichman from Farmerville, LA experienced progressive shoulder pain from a football injury in 1996. In February 2017, he consulted an orthopedist, Dr. Douglas Brown, who performed a right shoulder replacement on February 15, 2017, at P&S Surgical Hospital. The surgery went smoothly.

After the operation, Leichman dealt with swelling and stiffness in his shoulder. On May 15, 2017, Dr. Brown manipulated his shoulder while he was under anesthesia. However, by the following month, Leichman continued to experience poor results.

Seeking a second opinion, Leichman visited Dr. Michael Haynie, an orthopedist in Shreveport, on July 6, 2017. Haynie assessed Leichman and discovered he had a very limited range of motion. He suspected the prosthesis had been misaligned by as much as 3 cm. Consequently, Haynie conducted a revision surgery on August 21, 2017, removing Brown’s original component and replacing it with a smaller one. Following the revision, Leichman enjoyed significant improvement in his shoulder.

A Medical Review Panel convened to review the case. Leichman alleged that Dr. Brown had erred by mispositioning the hardware, specifically noting that the humeral head was too high, which contributed to his pain and the need for revision surgery. The panel included Drs. David DeLapp, Tim Randell, and Shane Barton, who are all orthopedists.

The panel’s decision ended in a 2-1 split favoring Dr. Brown. DeLapp and Randell concluded that the surgery was performed correctly and attributed Leichman’s poor outcome to post-operative scarring. They noted that component sizing is not precise. In contrast, Barton dissented, believing there had been a violation of the standard of care.

Leichman then filed a medical malpractice lawsuit against Dr. Brown.

Injury

Due to Dr. Brown’s malpractice, the Plaintiff suffered physical pain and discomfort for six months before getting a second correctional surgery.

Damages

In addition to his claim for medical expenses and noneconomic damages, Leichman’s wife, Juanita, filed a derivative consortium claim.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Danny Leichman
    • Counsel for Plaintiff(s): William W. Murray, Jr.
  • Defendant(s): Dr. Douglas Brown
    • Counsel for Defendant(s): Gordon L. James | Sara G. White

Claims

The Plaintiff claimed that his orthopedist misaligned components during shoulder replacement surgery. This error resulted in an additional six months of pain and discomfort. Eventually, a second orthopedist conducted a surgical revision to address the issues.

Defense

Brown denied fault and claimed that he had not breached the standard of care and that no medical malpractice had taken place.

Jury Verdict

The trial took place in Monroe and lasted four days. On August 15, 2024, after deliberating for 2.5 hours, the jury concluded that Dr. Brown had breached the standard of care, which directly caused injury to Leichman.

After determining liability, the jury assessed damages. Leichman’s medical expenses amounted to $94,361. They awarded him $225,000 for pain and suffering and $155,000 for mental anguish. Additionally, his wife received $75,000 for her loss of consortium. In total, the noneconomic damages reached $455,000. The overall verdict came up to $549,361.

Court Documents:

Available upon request