medical malpractice lawsuit has resulted in a $7.5 million jury award against the head physician for
the San Diego Chargers and the maker of a cold therapy device. David Chao
was ordered to pay $500,000, while Breg Inc. will pay $7 million.
According to court documents, Whitney Engler suffered injuries after using
Polar Care 500, which she applied to her knee after surgery to aid her
recovery. Although she used the device as directed, she suffered from
frostbite, which led to permanent injuries, including disfigurement. Her
lawsuit included claims for negligence, medical malpractice, and product
The same jury previously found that Chao and his company, Oasis Sports
Medical Group, were negligent in their treatment of Engler. It also found
that Dr. Chao failed to disclose his financial relationship with the manufacturer,
Breg. It awarded Engler $5.2 million in compensatory damages for economic
losses as well as her pain and suffering.
In addition to the medical malpractice lawsuit, the California Medical
Board is seeking to revoke or suspend Chao’s medical license. The
board contends that Chao was negligent in his care of several patients,
including failing to advise a patient of the full risks of the procedure
and not being available or properly managing postoperative complications.
UT San Diego