Posted on 07/23/2002 1:29:45 PM PDT by eartotheground
Times-Union staff writers
In a verdict with potential implications for professional sports, a Jacksonville jury yesterday awarded $5.35 million to former Jaguar Jeff Novak, finding that team doctor Stephen Lucie's negligence cut short Novak's football career.
Though the verdict can be appealed, the case could prove to be a watershed, encouraging future malpractice claims by professional athletes against their team doctors.
As the clerk read yesterday's verdict against Lucie and the Jacksonville Orthopedic Institute, Novak held his wife's hand while she looked at the jurors and nodded. Lucie showed little emotion and silently exited the courtroom.
"I think Dr. Lucie is a good physician. I really do," Novak said after the verdict. "I just think he made a couple of bad calls in this regard that in my mind, he may not have made on somebody that was not expendable."
Lucie told the Times-Union last night that he was glad the trial was over and is looking forward to returning to his medical practice.
"I'm obviously disappointed with the verdict. I thought the care given to Jeff Novak was totally appropriate," he said. "Two of the leading sports medicine experts in this country ... agreed the care was totally appropriate. That's good enough for me, and hopefully, good enough for my patients."
Lucie's lawyer, Brett Lucas, would not comment about possible appeals. "We have to sit down and regroup," he said.
In the lawsuit, Novak claimed Lucie was negligent in his decision to drain fluid from a bruised leg the former offensive lineman suffered during a preseason practice in July 1998.
Novak's lawyers said the procedure, performed in a non-sterile treatment room at Alltel Stadium, aggravated the injury and exposed him to infection. And they argued Lucie worsened the situation further by not allowing Novak enough time off for the wound to heal.
Jurors deliberated more than three hours before awarding $4.35 million to Novak for pain and suffering as well as lost past and future income as a professional football player.
They awarded Novak's wife, Kim, $1 million for the loss of her husband's comfort, services and attention. As jurors filed out of the courtroom yesterday, Kim Novak shook their hands and said, "Thank you for your time."
"Jeff had lost his job, his career because of this," she said after the trial. "We wanted justice."
Jurors would not comment on their decision.
Patrick Dekle, Novak's lead attorney, argued during the trial that his client had been poised to win a starting position at the beginning of the 1998 season after Michael Cheever was injured. Starting centers, Dekle noted, make an average of about $1.35 million per year.
But Lucas, Lucie's attorney, argued Novak's career had been in no way affected by the leg injury or his client's treatment. He said Novak had sought more aggressive treatment to get him back on the field so he could better compete for a new contract with the Jaguars.
He called Novak's case a "smokescreen."
"Mr. Novak lived his dream. But with all dreams it is inevitable they come to an end," Lucas said. "That he was going to be the next starting center was the most over-exaggerated of all the claims in the case."
Dekle put his head down and wiped tears away from his eyes as the verdict was read yesterday.
"What this jury did was the right thing," Dekle said. "This case was done for the right reasons. It's good to see that the system works."
The two-week trial had been expected to shed some light on the ultra-secret world of professional sports medicine, but a pre-trial order prohibited all of the half-dozen professional football players who testified from speaking about their personal experiences with medical care in the National Football League.
Dekle said such restrictions handicapped his case, because without the pretrial order he likely would have called other players to testify about the pressure they felt to play even at times when they believed they were seriously injured.
"I think the Jaguars, in every sense, were fooled into thinking Dr. Lucie was a good physician," Dekle said. "It's unfortunate, and people don't understand, that doctors and hospitals can no longer always be trusted."
Jaguars owner Wayne Weaver said he was disappointed by the verdict.
"We spend a ton of money in an effort to make sure our players get the very best of care," Weaver said in a phone interview yesterday. "I'd be shocked if it [the verdict] is not appealed."
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Brett Lucas, attorney for Stephen Lucie, talks about the jury award yesterday. "We have to sit down and regroup," he said. -- John Pemberton/Staff
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After the verdict was read, Novak spent several minutes telephoning friends still in the National Football League, many of whom testified on his behalf during the trial. He said it was difficult to ask men such as Jaguars quarterback Mark Brunell to testify.
But Novak said he hopes his victory in the case would galvanize NFL teams to be more vigilant about placing players' health above the needs of the team.
"These doctors in the NFL are in the trenches with the player and that's not where they belong," Novak said. "They're part of the team instead of being your physician."
Staff writer Rich Tucker can be reached at (904) 359-4169 or via e-mail at rtuckerjacksonville.com.
Staff writer Gene Frenette can be reached at (904) 359-4540 or via e-mail at gfrenettejacksonville.com.
"I think the Jaguars, in every sense, were fooled into thinking Dr. Lucie was a good physician," Dekle said. "It's unfortunate, and people don't understand, that doctors and hospitals can no longer always be trusted."
Its called malpractice insurance, and this doctor should be covered.
Kim Novak??!!!....A few years ago, I would've paid someone to give HER comfort, services and attention!...(I might even now!..heh heh heh..)
FMCDH
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