The Pennsylvania Superior Court has reversed a $4.7 million verdict awarded to a guitarist who alleged the burn unit at Temple University Hospital failed to properly treat him for exposure to hydrofluoric acid, requiring him to have portions of two of his fingers amputated.
A unanimous three-judge panel of the Superior Court remanded case for a new trial on damages, finding that the lower court should have allowed plaintiff Antonio Crespo's prior criminal conviction for receiving stolen property into evidence because it was relevant to the jury's determination of his credibility as a witness.
"Clearly, Crespo's testimony controlled the outcome of his claims for damages," Judge Lillian Harris Ransom wrote for the court in a published opinion in Crespo v. Hughes. "His testimony was instrumental in establishing not only his status as a musician before the accident and his lost earning capacity after the accident, but also the severity of his injury, i.e. his pain and suffering. Thus, the court's erroneous rulings directly and adversely impacted appellants' ability to challenge the credibility of Crespo's damages claims."
Ransom was joined by Judges Jacqueline O. Shogan and Jack A. Panella.
The appeals court did, however, uphold the jury's $538,000 award to Crespo's co-plaintiff, Edward Torralvo.
According to court documents, Crespo and Torralvo were exposed to hydrofluoric acid while cleaning bricks at Torralvo's property in June 2011. The two went to the Temple University emergency room the following day, and consulted with Dr. William Hughes, a burn specialist, and resident Theresa Pagana.
Digital nerve blocks were administered, and the men were given injections of lidocaine and calcium gluconate into the affected digits. Within hours "the injection sites began to ooze and the digits turned a blue-and-black color," court papers said.
The two returned to the hospital with complaints of increased pain. Crespo was seen days later at the hospital with purple fingers and blisters, and one doctor likened the injuries to frostbite, court papers said.
By mid-July 2011, Crespo went to Crozer-Chester Medical Center, where he was treated for gangrene of the left index and middle fingers and doctors amputated portions of the fingers.
Torralvo also had blood drained from his fingers, and a portion of dead skin was removed.
Crespo and Torralvo sued Hughes and his practice, as well as Pagana, Temple University and additional doctors involved in the treatment.
The plaintiffs contended the doctors should not have administered the injections directly into the affected digits.