Jerry Warren vs. Emergency Medicine of Eastern Indiana, P.C., et al

Case Background

On May 8, 2021, Warren filed a medical malpractice lawsuit in the Wayne County Circuit Court, Indiana (Case No. 89C01-1306-CT-32). Judge April Drake presided over the case. Warren alleged that Dr. Jennifer Behrens misdiagnosed his vascular injury, leading to a delayed diagnosis and an above-the-knee amputation.

Cause

On May 31, 2011, Jerry Warren, 60, retired from the U.S. Postal Service to care for his wife, who had Stage IV breast cancer. Less than two weeks later, on June 11, 2011, he worked at his home in Richmond, Indiana, while standing on a wooden stepladder. As he stood on the fourth step, the ladder broke, and he fell to the ground. He landed on his right knee and immediately heard a popping sound. He felt severe pain and soon developed what felt like a cramp in his right calf.

His wife drove him to the emergency room at Reid Hospital. A triage nurse noted that he was in excruciating pain. His calf appeared swollen and hard, and his foot had turned purple. The nurse also could not locate a pulse in his lower leg.

Dr. Jennifer Behrens, an employee of Emergency Medicine of Eastern Indiana, P.C., treated Warren. She first saw him at 5:45 p.m. but spent only seven minutes with him. She took his medical history and performed a brief examination. However, she failed to fully assess the extent of his injury. She diagnosed a muscle tear in his right calf and prescribed painkillers. She ordered x-rays but did not request an ultrasound or arteriography, despite his symptoms suggesting an arterial injury.

Injuries

Dr. Behrens’s failure to recognize the severity of Warren’s condition led to a misdiagnosis. He had dislocated his right knee and transected the popliteal artery. The injury caused significant internal bleeding, which led to compartment syndrome. His compromised blood flow resulted in tissue damage and caused his foot to turn purple. Dr. Behrens did not recognize the warning signs. Instead of receiving immediate surgery, Warren was placed in a splint, given crutches, and discharged home at 11:30 p.m.

Two days later, on June 13, 2011, he visited an orthopedist. The doctor immediately recognized the severity of his condition and referred him to a vascular surgeon. That same day, the vascular surgeon recommended emergency surgery, which took place at 7:30 p.m. The procedure revealed extensive vascular damage. Warren was transferred to Methodist Hospital in Indianapolis, where doctors attempted to save his leg. However, the damage was irreversible. On June 16, 2011, he underwent an above-the-knee amputation.

Damages

The medical malpractice lawsuit sought damages for medical expenses, lost income, pain and suffering, and emotional distress.

Key Arguments and Proceedings

Legal representation

  • Defendant(s): Emergency Medicine of Eastern Indiana, P.C. | Dr. Jennifer Behrens
    • Counsel for Defendants: Michael E. O’Neill | Kelly K. McFadden
    • Experts for Defendant(s): Edward Ward | Dr. Peter Faries | Dr. Cyril Mauffrey

Claims

Warren filed a medical malpractice lawsuit against Dr. Jennifer Behrens and Emergency Medicine of Eastern Indiana, P.C. He alleged that her negligence led to a failure to diagnose his arterial injury. He claimed she should have ordered critical imaging studies, such as ultrasound or arteriography. Proper diagnosis would have allowed vascular surgeons to intervene and prevent amputation.

Defense

Dr. Behrens and Emergency Medicine of Eastern Indiana, P.C. defended the medical malpractice lawsuit. They argued that her treatment met the appropriate standard of care. According to the defense, she performed a proper evaluation based on Warren’s symptoms and medical history. They claimed that diagnosing a muscle tear and prescribing pain medication aligned with standard emergency room protocols. They also stated that additional tests, such as ultrasound or arteriography, were not medically necessary.

The defense denied that Dr. Behrens’s actions caused Warren’s amputation. They argued that his vascular injury worsened over time despite receiving proper care. Furthermore, the defendants maintained that his condition was severe from the beginning and that earlier intervention would not have necessarily prevented the amputation. Moreover, they also contended that his medical complications progressed naturally rather than due to negligence.

Jury Verdict

On September 16, 2024, the jury ruled in favor of Jerry Warren. They found that Dr. Behrens had breached the standard of care by failing to order necessary imaging tests and recognize the severity of his condition. The jury determined that her negligence led to Warren’s amputation. They awarded him $3,500,000 in damages for pain and suffering, medical expenses, and loss of quality of life. However, due to the state’s statutory cap on medical malpractice damages, the court reduced the final award to $1,250,000.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com