In the News
The Legal Intelligencer
August 19, 1998
Quadriplegic Lawyer Wins $1.3 Mil Award for Broken Arm
A quadriplegic was awarded $ 1.314 million by a Philadelphia Common Pleas jury after suffering a broken right arm from what he claimed was negligent treatment during a stay at Magee Rehabilitation Hospital.
Robert McGinty, 54, claimed his humerus bone was fractured at the hospital on April 7, 1993, by two nurses who "negligently" turned him in bed. Nadeem A. Bezar of Kolsby Gordon Robin & Shore represented McGinty for the five-day trial. The jury took a combined nine hours over two days to deliberate before reaching their verdict Monday afternoon.McGinty was awarded $ 1.164 million for past and future pain and suffering and approximately $ 250,000 in delayed damages. According to Bezar, the hospital made no settlement offer before or during the trial. Bezar said McGinty, who has been a C-4 quadriplegic for more than 42 years, lost what limited function he had in his right arm due to the hospital's negligence. The hospital, he said, countered by saying McGinty suffered the injury by placing his own arm behind his back while sleeping and that his pre-existing osteoporosis played a role. During the trial, the hospital showed a videotape of the two employees in question a nurse and a nurses' aide performing a textbook turn, Bezar said. "I knew going into this that it was going to be a difficult case to prove for two reasons," Bezar said. "First off, it was going to be difficult proving the incident happened they way we said it did because Magee didn't put it in the record that way. They said it happened while he was sleeping."Secondly it was hard to explain to people what a broken arm means to a quadriplegic and my client specifically. Bob McGinty lost what little function he had in his arm. And with that, it took away a good portion of the independence he had." Bezar said McGinty, who overcame his disability to earn a law degree and practice for several years, can no longer use a computer keyboard and has trouble feeding himself. He also needs a new wheelchair. McGinty was not working at the time of the alleged incident and therefore did not seek lost wages, Nezar said. The hospital's attorney, Richard A. Kolb of White & Williams, could not be reached for comment yesterday.
