Morristown, NJ — In a significant medical malpractice case, a New Jersey jury awarded $2.04 million to Michael Arroyo who underwent a problematic surgical procedure leaving him in need of further surgery. The decision came after allegations that Dr. Robert Petrucelli mishandled Arroyo’s initial operation intended to repair a torn left bicep tendon, an injury he sustained while lifting weights.
The surgery performed by Dr. Petrucelli on February 18, 2018, was followed by severe complications including pain and diminished movement in Arroyo’s left hand. Further medical assessments indicated that a nerve had been severely damaged during the procedure. According to Arroyo’s attorney, Jeffrey J. Zenna of Blume Forte Fried Zerres & Molinari in Chatham, an inadvertent laceration of the nerve by Dr. Petrucelli necessitated additional corrective surgery.
Arroyo underwent a second surgery on April 7, 2018, conducted by a different surgeon, followed by extensive physical therapy. Although initially there was little improvement, Arroyo experienced significant recovery three months post-surgery.
Details from expert reports, including one by Dr. Neil Roth who testified for the plaintiff, indicated that the nerve damage was not a typical risk associated with the surgery but a deviation from the standard medical procedure. The argument was pivotal in refuting the defense claim that the complication was an inherent risk of the surgery.
During the trial, which lasted eight days under Judge Marcy McMann at the Morris County Superior Court, it was demonstrated that neuropraxia, a temporary condition characterized by difficulty in finger movement following surgery, normally resolves on its own. However, Arroyo’s condition was distinct because the nerve was not merely stretched or bruised; it was severed, Zenna clarified.
The jury’s decision after four hours of deliberations awarded Arroyo $2,040,000 for pain, suffering, disability, impairment, and loss of enjoyment of life. They attributed full liability to Dr. Petrucelli.
Michael E. McGann, representing Dr. Petrucelli, did not immediately respond to requests for comment regarding the trial’s outcome.
This case, officially known as Michael Arroyo v. Robert C. Petrucelli, M.D., MRS-L-1785-19, was filed on August 20, 2019, and reached its verdict on January 21. It underscores the challenges and legal battles that can arise when surgical procedures go wrong and the long path to justice for affected patients.
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