Projo 7 to 7 News Blog

PROVIDENCE, R.I.-- A Superior Court jury has awarded a former truck driver $4 million, concluding that negligence by his orthopedic surgeon caused him mental and physical suffering.

Robert T. Baird Jr., of Providence, filed a medical malpractice suit against Dr. Kenneth J. Morrissey in 2002, alleging that the Cranston doctor's negligence. Morrissey denied the complaints.

A six-member jury agreed May 7 following a three-week trial before Judge Alice B. Gibney in Providence County Superior Court. The jury awarded Baird $1.5 million for physical pain, $1.5 million for mental suffering, $500,000 for disfigurement and $500,000 for lost wages, according to David Morowitz, Baird's lawyer.

According to Morowitz, Baird worked as a truck driver for The Providence Journal from 1981 until he began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who operated to improve his movement and in the process removed a benign tumor.

Within weeks, Baird's right hand began hurting, changing color and temperature and sweating, Morowitz said. Another doctor diagnosed him as having Reflex Sympathetic Dystrophy Syndrome, a chronic neurological disorder that causes severe pain. That doctor, Manuel DaSilva, operated and discovered that another nerve had been sliced.

Baird's hand has since seized into a claw and he remains in continuous pain, Morowitz said. In addition, he's become addicted to painkillers and relies on Valium to fall asleep each night.

"He's in pain all the time," Morowitz said, who did not want his client to speak with The Journal because he expected an appeal. He added: "He'd much rather be working than get any amount of money."

Morrissey has held his medical license since 1984 and has faced no disciplinary actions in Rhode Island, according to an Association of State Medical Board Executive Directors web site.

Morrissey did not return a phone call placed to his Reservoir Avenue office yesterday. His lawyer, Ruth DiMeglio, was out of the office and could not be reached.

 Tags  Cranston RI Providence RI

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