Former College Football Player Files Medical Malpractice Lawsuit

by Martin Arguello

A former football player for the University of Nevada-Las Vegas filed a medical malpractice lawsuit against a neurosurgeon he claims botched his spinal surgery and cost him his potential professional football career. Beau Orth, a defensive back and linebacker for the Runnin’ Rebels football team, filed the medical malpractice lawsuit after he learned that a neurosurgeon, Dr. Andrew Capanna, operated on the wrong vertebra in September 2010. Mr. Orth never played football again after the surgery.

Details of the Medical Malpractice Lawsuit

In 2009, Mr. Orth complained about feeling pain and numbness in his left leg. According to his medical malpractice lawsuit, he underwent an MRI to determine the cause of the pain. The MRI showed a hernia in the L5-S1 disc in his spine. The medical malpractice lawsuit claims that Dr. Capanna operated on the disc above the defective disc, known as the L4-L5 disc. The disc Dr. Capanna operated on was previously healthy, while the herniated disc went untouched.

Medical Malpractice Lawsuit Cites Continuing Pain

Shortly after the surgery, Mr. Orth complained of continuing pain in his back and legs. The medical malpractice lawsuit claimed that, within a month after the surgery, Mr. Orth found it painful to even walk across campus. The pain became so serious that he had to quit the football team. Mr. Orth sought out a second opinion from a Las Vegas orthopedic surgeon, Dr. Andrew Cash. Dr. Cash confirmed the claims made in the medical malpractice lawsuit that Dr. Capanna operated on a healthy disc. He also stated that Mr. Orth would need spinal fusion surgery to repair the damage.

Doctors Corroborate Medical Malpractice Lawsuit Claims

Dr. Cash testified in the medical malpractice lawsuit on behalf of Mr. Orth. Dr. Cash stated that Dr. Capanna should have been able to interpret the MRI results. He also testified that X-rays he took on Mr. Orth’s spine showed that Dr. Capanna executed a “box cut” on the L4-L5 vertebra. Dr. Allan Belzberg, Associate Professor of Neurosurgery at Johns Hopkins University, also testified in the medical malpractice lawsuit. Dr. Belzberg stated that, based on information from the MRIs and hospital reports, that Dr. Capanna did not meet the required standard of care.

Medical Malpractice Lawsuit Claims Loss of NFL Career

The doctors who testified in the medical malpractice lawsuit also cite that Mr. Orth’s spine will continue to degenerate due to complications from surgery. The medical malpractice lawsuit seeks damages for the future spinal fusion surgery that Mr. Orth must undergo before he turns 50. He is also seeking $5 million for pain and suffering, including losing out on his chances for a career in the National Football League. Mr. Orth was a standout defensive back at high school powerhouse Bishop Gorman and was expected to start for UNLV before his surgery.

Sources: UNLV Rebel Yell, Las Vegas Review-Journal

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NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by the University of Nevada-Las Vegas, the University of Nevada system, or any other concerned parties.

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