A Baltimore County jury delivered a $1.835 million verdict on January 21, 2026, against an orthopedic surgeon and his practice for failing to timely remove an infected prosthetic hip, causing septic shock and strokes in patient Gerald McCrae Sr. The seven-day trial highlighted the dangers of repeated “washout” procedures when standard care demanded prosthetic removal.
Case Background: From Routine Surgery to Life-Altering Harm
Gerald McCrae Sr., a Randallstown resident in his late 60s, underwent bilateral hip replacements in summer 2022. The first surgery succeeded, but the second in late June developed a persistent infection.
- McCrae reported pain and fever despite antibiotics.
- Dr. Peter Jay, of Centers for Advanced Orthopaedics (OrthoMaryland), performed an initial “washout” — removing infected tissue, scrubbing the prosthetic, and irrigating with antibacterials.
- Infection persisted; an infectious disease expert recommended prosthetic removal and antibiotic spacer placement, but Jay opted for two more washouts in early August.
By late August, sepsis spread: memory loss, organ failure, uneven pupils, and neurology-confirmed small strokes linked to the septic hip. The prosthetic was finally removed August 30; McCrae was discharged October 19.
Previously a JCPenney maintenance supervisor overseeing Baltimore stores, McCrae now requires a walker or cane due to leg weakness and cannot work.
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Trial and Verdict Breakdown
McCrae sued Dr. Jay and OrthoMaryland in June 2024 in Baltimore County Circuit Court, alleging at least three weeks’ delay in proper treatment caused permanent damage. Greater Baltimore Medical Center was dismissed earlier.
Plaintiff attorneys Michael Rubin and Jonathan Goldberg of Schochor, Staton, Goldberg & Cardea argued bacteria clung “like barnacles on a ship,” and repeating failed washouts breached care standards.
The jury deliberated 3.5 hours post-trial:
| Damage Category | Amount Awarded |
|---|---|
| Past Medical Expenses | $268,000+ |
| Future Care Expenses | $456,000 |
| Lost Earnings | $250,000 |
| Noneconomic Damages (capped) | $860,000 (orig. $1M) |
| Total Judgment | $1,835,499 |
Defendants (represented by Wharton Levin) found liable for breaching standard of care.
Key Lessons for Patients and Providers
- Infection persistence demands escalation: Infectious disease input should override repeated conservative measures.
- Maryland damage caps apply: Noneconomic awards reduced from $1M to $860K under state law.
- Economic impacts compound: Lost wages and lifelong care costs dominate recoveries for working patients.
Rubin noted accountability; Goldberg emphasized financial security for McCrae’s future needs.
For those suspecting post-surgical infections, consult a Maryland malpractice specialist promptly—statutes run from injury discovery.
At lawyersformedicalmalpractice.top, we spotlight verdicts like this to educate and connect victims with proven counsel.
