Walker v. Lutzak

Case Background

Plaintiff Sharon Walker filed a medical malpractice lawsuit against Dr. Stephen Lutzak. She alleged that the nurse had breached the standard of care regarding informed consent by disregarding her request for no injections in her lower leg, which later led to complications. The case was filed in Tennessee Circuit Court, 21st Judicial Circuit, Williamson County. Judge Joseph A. Woodruff presided over this case. [Case number: 18-546]

Cause

On June 26, 2017, Sharon Walker received treatment at the Middle Tennessee Vein Clinic in Franklin, where Dr. Stephen Lutzak operated. She underwent sclerotherapy to address her varicose veins. During the procedure, clinic nurse Donna Sainato injected a solution into her veins.

Before the sclerotherapy, Walker firmly stated that she did not want an injection on her lower leg. She expressed concerns about her shoe rubbing against the injection site. However, the nurse claimed that Walker did not communicate this concern.

Despite her reservations, the sclerotherapy proceeded as planned. During the procedure, some of the solution leaked from the vein and into Walker’s leg. This leakage caused a skin ulcer to develop.

Injury

The Plaintiff sustained personal injuries and developed ulcers on her ankle when the solution from her sclerotherapy leaked out. Following this incident, Walker faced a challenging recovery, which included a rigorous wound care regimen and three skin graft surgeries to repair the ulcer.

Damages

Evidence showed that Walker suffered considerable discomfort and inconvenience. This injury was serious and not trivial. If Walker won at trial, she could receive a general damages award.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sharon Walker
    • Counsel for Plaintiff(s): Richard D. Piliponis | Hannah N. Garrett
    • Experts for Plaintiff(s): Dr. Jeffrey Jim
  • Defendant(s): Dr. Stephen Lutzak
    • Counsel for Defendant(s): J. Eric Miles | Linda A. Nathenson
    • Experts for Defendant(s): Dr. Philip Fleming

Claims

Walker had presented standard of care claims regarding the administration of the injection. However, those claims were dismissed through summary judgment. In this lawsuit, she presented a single vicarious liability claim against the supervising physician,  Dr. Stephen Lutzak, at the vein clinic. She argued that the injecting nurse failed to obtain informed consent. The Plaintiff insisted that she did not want an injection in her lower leg.

Defense

Defendant Lutzak denied liability for the actions of the nurse and argued that the injuries were exacerbated due to Walker’s own actions.

Expert Testimony

The Plaintiff’s expert, Dr. Jeffrey Jim, a vascular surgeon who previously worked in St. Louis and now practices in Minneapolis, claimed that Nurse Sainato had breached the standard of care regarding informed consent. He specifically pointed to the injection of the solution in Walker’s lower leg.

In contrast, Lutzak relied on Dr. Philip Fleming, a plastic surgeon based in Nashville. Dr. Fleming asserted that informed consent had been properly obtained. He explained that the poor outcome resulted from complications and side effects associated with the procedure itself.

Furthermore, Walker’s own actions contributed to the wound healing issues. She continued to smoke despite her doctor’s advice against it.

Jury Verdict

The case was tried for four days in Franklin. On June 6, 2024, the jury determined that the Defendant was not at fault. As a result, they did not consider the Plaintiff’s responsibilities, apportionment, or damages. A judgment in favor of the defense was subsequently entered.

Court Documents:

Available upon request