Quadriplegia

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CASE: Quadriplegia

FACTS: The forty-four-year-old male plaintiff received treatment from the defendants for cervical myelopathy. The plaintiff’s disease presented with progressive symptoms including neck and shoulder pain, bilateral leg weakness, decreasing grip strength, paresthesia and gait disturbance. An MRI performed during a trip to the emergency room revealed a large herniated disk restricting the cervical spinal canal and compressing the spinal cord, and an in-office assessment two days later noted progressively increasing symptoms of acute cervical myelopathy. Despite these findings, the defendant doctor did not recommend emergent surgery. Instead, he offered the plaintiff a choice between conservative “monitoring,” or the scheduling of “elective” surgery for a later date. The plaintiff chose the latter, more aggressive option. Approximately six days after this assessment, and one-and-a-half weeks before the scheduled surgery, the plaintiff’s legs gave out at home, and he crawled to the phone to call for an ambulance. At approximately 7:00 PM, he arrived at the nearest hospital where he was found to have acute neurologic decompensation including paraplegia, but he had no loss of bowel or bladder function. At approximately 8:30 PM, the defendant doctor accepted responsibility for the plaintiff’s care and had him transferred to the hospital where he has privileges. Although the defendant doctor knew that his patient had become densely paraplegic, he remained at his home, eight miles away from the hospital, and waited until 8:30 the following morning to even visit the plaintiff. By that time, the plaintiff exhibited total paralysis of his lower extremities, and dense decreased sensation from the nipple line to the toes. The defendant doctor assessed the plaintiff as suffering from an acute worsening of symptoms, and again anticipated the need for decompressive surgery. However, the defendant doctor again acted slowly in his treatment, ordering additional consults and radiology studies which were completed over the next day and a half. Decompressive spine surgery finally took place approximately thirty-four hours after transfer to the defendant doctor’s hospital.

DEFENSE: General denial of negligence; lack of proximate or medical causation; doctrine of comparative negligence; intervening and superseding causation.

INJURIES: The plaintiff is now quadriplegic and confined to a nursing home for his many health care needs. He has required extensive medical treatment and mental health counseling. He has had multiple hospitalizations and emergency room treatment. More than 100 transports to medical providers have been required via ambulance or wheelchair van. He has neurogenic bladder and bowel.

SPECIAL DAMAGES: The plaintiff has incurred medical bills totaling $1,156,608.34. Future expenses, including the present value of a life care plan and economic loss, total between $6,627,203.00 and $7,455,014.00.

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC) and Lawrence B. Schlachter, DDS, MD, FACS, JD (The Schlachter Law Firm, PC)

NAMES/COUNTY: Anonymous v. Anonymous