Type of action:
Medical Malpractice
Injuries alleged:
Permanent paralysis/quadriplegia
Court:
Loudoun County Circuit Court
Tried before:
Jury
Date Resolved:
February 13, 2024
Verdict or Settlement:
Verdict
Attorneys for defendant:
Rodney Dillman, Esq. and Julie Mayer, Esq., Virginia Beach, VA
Description of Case:
Plaintiff was a 61-year old man who had recently undergone a successful cervical laminectomy procedure at the levels C2 through C4 with a spine surgeon in Washington, D.C. The plaintiff began to experience 10/10 pain in the early morning hours and presented to a free-standing emergency department. The initial emergency department defendant physician suspected postoperative infection (including spinal epidural abscess), among other things. Labs and a CT scan without contrast were completed. The defendant physician admitted in her sworn deposition testimony and at trial that a CT scan without contrast would not rule in or rule out a spinal epidural abscess. The defendant physician also admitted in her sworn deposition testimony and at trial that a spinal epidural abscess can be a surgical emergency, and can lead to paralysis. The plaintiff patient’s lab results were consistent with an infection, but the CT scan did not show any abnormalities. The initial emergency department defendant physician reached out to the plaintiff’s spine surgeon who requested an MRI be performed. The freestanding emergency department did not have an MRI available. The initial emergency department physician arranged for the patient to be transferred to a second emergency department. The initial emergency department defendant physician acknowledged in her sworn deposition testimony and at trial that she was aware that the accepting hospital did not have a spine surgeon on-call or available to operate should the patient require surgery. After approximately 5 hours, the patient was transferred to the second emergency department.
The second emergency department defendant physician understood that the patient’s differential diagnosis included epidural abscess and the plan was to get an MRI. Unfortunately, the patient could not fit into the MRI machine. Approximately 4 hours after arrival at the second emergency department, the second emergency department defendant physician realized that the MRI had not been completed. Roughly 35 minutes later, he entered an order for a CT scan with contrast. The second emergency department physician also attempted to reach out to the plaintiff’s spine surgeon who was at a different hospital in Washington, D.C. The CT scan with contrast was performed approximately five hours after the plaintiff arrived. It did not confirm an abscess, but did show an abnormal collection of fluid at the level of the prior laminectomy. Around the same time, the patient began to experience neurologic deficits. The patient’s spine surgeon agreed to accept the plaintiff and he was transferred to that hospital in Washington, D.C. The plaintiff underwent emergency decompression surgery. The surgeon noted the collection of fluid pressing on the spinal cord. Despite removal of the infected material, the plaintiff never regained the use of his extremities. The plaintiff was unable to work, confined to a specialized wheelchair and completely dependent on others for all aspects of his care, including daily bowel and bladder treatments. As a result, the plaintiff also experiences frequent hospitalizations for infections, embolisms, and other complications related to his quadriplegia. The undisputed damages included over $1.5 million in past medical expenses and over $8 million in future medical care, in addition to lost wages and earnings.
The plaintiff alleged that the initial emergency department physician ordered the wrong test (a CT without contrast instead of the superior CT with contrast) and transferred the plaintiff to the wrong facility (one that did not have spinal surgery services available). The plaintiff alleged that the second emergency department physician had a series of unreasonable delays in terms of ordering the appropriate imaging studies and ensuring that they were timely done. If either or both physicians had ordered the correct test, transferred the patient to a facility with a spine surgeon available or expeditiously obtained the correct imaging, the patient would have been taken to surgery and the abscess removed before any permanent neurologic injuries occurred. The plaintiff would have made a full recovery.
After 6 hours of deliberations, the jury returned its verdict in favor of both Defendants.
