Sign In
Upcoming Event
Free Newsletter
Baltimore County jury awards nearly $2M verdict in med-mal case
Baltimore County jury awards nearly $2M verdict in med-mal case
Listen to this articleKey takeaways:
- Baltimore County jury awarded $1.835M in a medical malpractice verdict.
- Delayed removal of an infected prosthetic hip led to septic shock and strokes.
- Jury found orthopedic surgeon breached standard of care.
- Damages included medical expenses, lost wages, and pain and suffering.
A Baltimore County jury last month awarded a nearly $2 million verdict to a man who went into septic shock and had a stroke after a prosthetic joint infection was not properly treated.
Gerald McCrae Sr., of Randallstown, had both of his hips replaced in the summer of 2022. The first replacement, in May, went smoothly, but the second, in late June, resulted in a persistent infection.
McCrae complained of pain and fever despite being prescribed an antibiotic, and his doctor, Peter Jay, acknowledged the possibility of infection. Jay then performed a “washout,” a procedure in which infected tissue is removed, the prosthetic joint is scrubbed and the area is irrigated with antibacterial fluids.
But the infection continued, and McCrae returned to the hospital a few days later with a fever, chills, lightheadedness and other symptoms.
An infectious disease consultant recommended the temporary removal of the prosthetic hip and the placement of antibiotic “spacer beads,” but Jay instead performed two more washouts in early August.
Over the next few weeks, McCrae’s condition worsened. The hip became septic and he had memory loss, organ failure, uneven pupils and other symptoms. A neurology consultant, according to the lawsuit, concluded he had suffered small strokes that may have been caused by his septic hip.
The infected prosthetic hip was eventually removed and replaced with the temporary antibiotic spacer on Aug. 30. McCrae wasn’t discharged until Oct. 19.
He sued Jay and his employer, Centers for Advanced Orthopaedics, known as OrthoMaryland, in Baltimore County Circuit Court in June 2024, arguing he suffered permanent physical and cognitive damage because the proper procedure was done at least three weeks too late. (He also sued the Greater Baltimore Medical Center, where the surgeries were performed, but GBMC was removed as a defendant during the litigation.)
Jay and OrthoMaryland were represented by G. Branch Taylor and Diane Uhl of Wharton Levin, who did not respond to requests for comment.
Bacteria were stuck to the prosthetic joint “like barnacles on a ship or algae on a rock,” said Michael Rubin, one of McCrae’s lawyers.
“We’re not critical of Dr. Jay for the fact that an infection occurred in the first place,” Rubin said. But if the first washout failed, he said, “repeating the same thing again and again is not going to work.”
After a seven-day trial, the jury on Jan. 21 deliberated for about three-and-a-half hours and awarded McCrae $1.975 million, finding that Jay breached the standard of care.
That included more than $268,000 in past medical expenses, $456,000 in future care expenses and $250,000 in lost earnings. He was also awarded $1 million in noneconomic damages for pain and suffering; an $860,000 cap on noneconomic damages applied, bringing the total judgment to $1,835,499.
McCrae, now in his late 60s, had worked in maintenance for JCPenney, rising to oversee maintenance at all of its Baltimore-area stores. He wants to keep working, but is no longer able; he needs to use a walker or a cane due to loss of strength and feeling in his legs.
Rubin and Jonathan Goldberg — both of Schochor, Staton, Goldberg & Cardea in Baltimore — said the verdict provides both accountability and financial security.
“He now has the means to be able to support himself and his needs for the rest of his life,” Goldberg said.
