June 5, 2002

A thoroughbred walker reported to a Louisville orthopedist after injuring his shoulder when a horse reared up.  The doctor cleared the man to carefully resume work, but two weeks later the man reinjured the same shoulder, having to undergo two surgeries.  The man now suffers limitations with the shoulder.  The Plaintiff sought over $350,000 dollars in damages, blaming the reinjury on the doctor’s hasty medical clearance.  The defense, represented by Donald Brown, posited that the man’s injury was unrelated to the first injury, and that the orthopedist’s advice to take it easy was within the orthopedist standard of care.  The Jefferson County jury concurred.

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