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$1.5M in damages awarded against Pottsville physician

Published January 17. 2012 05:01PM

A jury found a Pottsville physician negligent in his care and treatment of a Frackville man, specifically in failing to timely diagnose and treat the patient's compartment syndrome.

After deliberating late into the night Friday following a week's trial in the Schuylkill County courthouse, the jury reached a verdict against Dr. Robert M. Kimmel, a noted plastic surgeon, and awarded damages totaling $1.5 million.

Robert Gaverick, 30, was awarded $114,000 for past loss of earnings, $250,000 for past non-economic loss (such as physical pain, mental anguish, discomfort, inconvenience, distress, pleasure of life, embarrassment and humiliation); $436,000 in future loss of earnings; $300,000 for future non-economic loss; and $400,000 in permanent scarring and disfigurement, for a total of $1,500,000 in damages.

In July 2002 Gaverick, a self employed fitness instructor and body builder, consulted Dr. Kimmel concerning surgical placement of a bilateral calf implement which was performed in October 2002. After surgery, Gaverick started experiencing excruciating pain and was admitted to the Pottsville Hospital (now the Schuylkill Medical Center) for surgical removal from his left calf of an implant. But the pain continued and he later underwent another operation on the left leg posterior compartment faciotomies to relieve compartment pressure.

He claimed he had continuous pain of the left leg and foot, which precluded him from walking. The doctor claimed no wrong doing and that the patient failed to follow his instructions on a timely basis.

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