Jeffers sues the Panthers

From today's Observer.....

Posted on Wed, Aug. 13, 2003

Ex-Panther files suit against team, doctor
Jeffers: Orthopedist added procedures without consent
CHARLES CHANDLER
Staff Writer

Former Carolina Panthers receiver Patrick Jeffers filed a lawsuit against the former team orthopedist, the Panthers and the Miller Orthopaedic Clinic on Tuesday in Mecklenburg County Superior Court.

Jeffers alleges medical malpractice and negligence by Dr. Donald D'Alessandro, claiming he added five procedures to an Aug. 20, 2000, surgery without Jeffers' informed consent. The suit contends the procedures led to the end of Jeffers' NFL career.

The Panthers and their ownership group were accused in the complaint of retaining D'Alessandro as team doctor "despite knowing that such retention and use was substantially certain to cause serious injury to the Carolina Panthers' football players."

The suit alleged that the Panthers knew D'Alessandro "had exhibited a propensity to perform surgical procedures on players which exceeded the scope of the players' informed consent."

D'Alessandro and the Miller Clinic, through spokesperson Steve Luquire, said: "We have not received a copy of the complaint from any representative of Patrick Jeffers. It would be inappropriate, therefore, to respond."

Panthers spokesperson Charlie Dayton said the team couldn't comment because "we haven't received anything yet."

D'Alessandro, of the Miller Clinic, was hired as the Panthers' chief orthopedist in 1994, the year before they started play, and served through early 2001.

The suit centers on informed consent, alleging D'Alessandro did not have Jeffers' authorization to perform certain procedures. The suit said Jeffers had consented to reconstruction of the anterior cruciate ligament in his right knee and to have an arthroscopy on his left knee "in order to reduce inflammation and eliminate swelling."

The complaint said five procedures performed were outside of what Jeffers expected, including a microfracture procedure on his left knee.

Jeffers, now 30, joined the Panthers in 1999 after two seasons with Denver and one in Dallas. He caught 63 passes for 1,082 yards and 12 touchdowns in '99, and finished the season with five consecutive 100-yard receiving games, two shy of the NFL record.

Before the 2000 season, he signed a four-year, $10 million contract extension.

Jeffers tore the anterior cruciate ligament in his right knee during an exhibition at Pittsburgh on Aug. 10, 2000. He had surgery 10 days later and, as expected, missed the season.

He was inactive for the first six games of 2001 and finished the year with no starts, 14 catches for 127 yards and no touchdowns.

Jeffers failed the Panthers' physical examination before training camp in July 2002, but remained on the team until he was released Aug. 27, at which point he had collected about half of his $10 million contract.

His knee problems now prevent him from playing football, according to the suit.

D'Alessandro, 46, has been with the Miller Clinic since 1989. In 1997, he received the sports medicine person of the year award from the North Carolina Athletic Trainers Association.

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Charles Chandler: (704) 358-5123; [email protected]

 

damn who didn't see that eventually coming...

hopefully it'll only be background noise to this season... I understand why he's doing this, but there are better times to do it... he shoulda respected his former teammates enough to do it in the offseason

 

damn, I just lost all respect for Jeffers. Injuries are part of football, he willingly took that chance. Although, if the microfracture procedure was actually done without his consent, then the doctor should be liable. The way I remember it though, is that Jeffers had that procedure without the approval of the team, but I'm not sure.

 

I too can't blame him. He has a right to be pissed. I wish him luck on his suit and hope the Richardson's do the right thing for their part in his. Show a little Panther pride and respect for your players and settle our part before it gets to the courts. Let him fight it out with the Doctor making him the sole villian.

 

If - and that is a big IF - the surgeon performed microfracture surgery without consent, then I would say that Jeffers has a pretty good case. I have a pretty hard time believing that he did such a risky surgery without explaining all of it to Jeffers though.

 

I don't think the timing of his suit will impact the performance of THIS team at all. They seem really focused on the matters at hand.

It is unfortunate to say the least to both Jeffers and the team.

 

Not sure there would ever be a right time, I can't blame the guy though. It seems like we have had a lot of players have problems with surgery in the past from this doctor. Jeffers was a stand up guy when he was with us. The way the legal system would drag all of this out it could be anywhere from a few months to a few years to get it resolved.

 

yeah but starting a trial is when it gets its most attention... everyone knows that... the middle of training camp it can only be a distraction to the team

 

I'm pretty sure I remember some controversy about Jeffers having the microfracture surgery. I really think it was done without the team's knowledge, if that's truly the case, then the doctor will be solely to blame. However, since he was employed by the team, they will probably have to share in the restitution.

 

It'll have no impact on our team. If Seifert was still here, he might be distracted, but this is a different era than when all that took place.

My guess is it'll all get settled out of court in a short amount of time.

I wonder if the Panthers can sue the doctor for damages.

I just glad it won't count anymore against the cap.