Kapi'olani ordered to pay doctor $1.95 million
By David Waite
Advertiser Courts Writer
A doctor who specializes in child surgery has been awarded almost $2 million by a Circuit Court jury after it concluded that a technician at Kapi'olani Medical Center wasn't properly trained on how to move the X-ray machine that struck Dr. Elizabeth Pohlson.
After the April 2001 accident, Pohlson underwent two surgeries on her back and one on her knee. She suffers from what she said is a neurological disorder known as reflex sympathetic dystrophy.
The physician said the disorder cut short her career. Feb. 10, the jury awarded her $1.95 million.
Honolulu attorney Jan Weinberg, who represented Pohlson, said the jury award is the largest he can recall for a leg and back injury during the past 10 years in Hawai'i.
Weinberg said Pohlson, who was 49 when the accident occurred, has moved to Lubbock, Texas, and continues to work as a pediatric surgeon, Weinberg said.
He said Pohlson earns more in Texas than she did in Hawai'i, but cannot work as intensively as she did while she was here.
He said lawyers for the hospital argued that because Pohlson earns more in Texas than she did here, the injury she suffered at Kapi'olani did not have the debilitating effect on her career that she claimed.
Richard Kowen, lead attorney for Kapi'olani Medical Center, could not be reached for comment yesterday.
Weinberg said the jury deliberated for 2 1/2 days. He said the verdict vindicated Pohlson's version of the events.
"Dr. Pohlson was forced for economic and health reasons to relocate," he said. "Hawai'i lost a very special and talented physician who helped thousands of children over her years of practice in Hawai'i. This is truly unfortunate."
Pohlson could not be reached yesterday for comment.
Weinberg said that according to a pre-trial agreement between the two sides, the jury's verdict cannot be appealed.
"The judgment has already been paid," he said.
The attorney said Pohlson was in a surgical room at the hospital reviewing films that had been produced using the 750-pound portable X-ray machine when a technician attempted to move it with little or no warning.
The machine hit Pohlson in the left leg, just above the knee resulting in damage to the knee and her back.
The lawsuit, filed in July 2002, said the hospital was negligent for failing to see that the technician was adequately trained on how to move the X-ray machine.
Reach David Waite at 525-8030 or at dwaite@honoluluadvertiser.com.
