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Jury awards Mars man $1.4 million in negligence suit against UPMC Passavant

A Mars resident was awarded $1.4 million in damages against UPMC Passavant in a negligence lawsuit he filed after breaking his arm in a fall four years ago.

An Allegheny County jury awarded the damages to Michael A. Rotz on Feb. 29 following a trial.

Rotz claims that on Feb. 27 or 28, 2020, he fell after being left alone in a restroom even though his medical records called for restroom supervision, said he had an elevated fall risk and was unsteady on his feet and felt weak and dizzy, according to the suit.

He was given a peripheral nerve block on Feb. 27 in preparation for a scheduled hip surgery, but a surgeon canceled the operation because Rotz’s sodium level was in the severe or critical range, according to the suit.

Rotz was then admitted for management of his low sodium. Despite his fall risk and need for help when using the restroom, employees escorted him to the restroom and left him unattended, according to the suit.

Once in the restroom he pulled the help cord to get help getting back to bed, but no one responded, according to the suit. Rotz then fell when he tried to open the door, step out and call for help, according to the suit.

He suffered a distal radius fracture that required extensive surgery to install plating and hardware, according to the suit. The radius is one of the two bones in the forearm.

His suit claims he suffered nerve damage that causes numbness and pain, perforation of cartilage requiring a second surgery, permanent loss of grip strength and dexterity, scarring, and a delay in getting his surgery.

The jury found UPMC staff was 83% negligent and Rotz was 17% negligent, and awarded Rotz $1 million for future pain and suffering and $400,000 for past pain and suffering.

UPMC could not be reached for comment.

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