$750,000 Verdict After Surgeon Leaves Gap in Patient's Femur
Won by Berman & Simmons.
A Hancock County jury awarded $750,000 to a Milbridge woman who suffered permanent hip and leg impairment after her orthopedic surgeon failed to review her post-operative X-rays for over two months and then left a centimeter-long gap in her femur during revision surgery.
What happened
Mary Shea, a 71-year-old Milbridge woman who had been an avid hiker and kayaker, underwent right hip replacement surgery at Northern Light Maine Coast Hospital in Ellsworth in February 2019. The procedure was performed by Dr. Peter Copithorne, an orthopedic surgeon and Northern Light's second-highest-paid physician.
Six weeks after surgery, Shea returned for a follow-up appointment. Copithorne billed for a review of her post-operative X-rays but did not examine the correct imaging. He later amended his note to reflect that he had read the wrong film and took accountability for the error. The proper X-rays, taken March 20, 2019, went unread until May 24, 2019, more than two months later. During that window, the muscles and tendons around Shea's femur atrophied, compounding the underlying problem and narrowing the options for repair.
When Copithorne finally reviewed the correct imaging, he identified a misaligned femoral stem that required revision surgery. He performed the procedure on June 3, 2019, an osteotomy he had completed solo only once before. During the operation, he sawed through Shea's femur and left a gap of approximately one centimeter, too large to heal on its own. A third surgery, performed at Maine Medical Center in Portland in December 2019, was required to stabilize the bone with reinforcing hardware.
Shea's medical bills reached roughly $292,000. She has continued to manage pain, limited mobility, and permanent weakness in the years since, relying on injections, medications, and physical therapy. Her right hip treatment was billed at nearly $300,000, about $250,000 more than the roughly $42,000 that her successful left hip replacement had cost in 2013.
Attorney Elizabeth Kayatta of Berman and Simmons tried the case before a nine-person Hancock County Superior Court jury in Ellsworth. Jurors deliberated for just under four hours before returning a verdict of $750,000 in compensatory damages. Three jurors dissented. The defense was handled by Douglas Morgan.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Bangor Daily News: Ellsworth jury awards $750K to woman after surgeon leaves a gap in her femur (Feb. 2026)·Archived copy
- 2.WGME CBS 13 Portland: Maine jury awards $750K to woman after surgeon leaves gap in femur (Feb. 2026)·Archived copy
- 3.Bangor Daily News: Maine surgeon removed part of woman's femur and didn't put it back, lawsuit says (Sept. 2023)·Archived copy
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