Facts

Jane Doe, a 61-year-old retired corporate financial analyst was diagnosed with cervical stenosis at C3-7 due to severe ossification of the posterior longitudinal ligament. A spinal surgery consisting of hemilaminectomies at C3-6, foraminotomies at C3-6 and decompression of C4-6 nerve roots, followed by lateral mass fusion at C3-6 was performed. Spinal cord monitoring was utilized, but due to alleged total miscommunication and frequent misinterpretation between the neurophysiologist and the surgeon, the surgeon did not understand that the patient had no motor recordings from the lower extremities. When this was finally recognized, the patient awoke a quadriplegic. A second surgery was immediately done following an MRI study demonstrating cord edema. The bilateral partial hemilaminectomies were converted to total laminectomies, lateral mass rods were removed, and longer rods were placed with top loading screws. The fusion was spread down to the C7 level. The patient again awoke with quadriplegia.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the failure of communication of the lack of the motor recordings from the spinal cord monitoring prevented the surgeon from terminating the surgery, and caused permanent injury.

DEFENDANT'S CONTENTIONS:
Defendants anesthesiologist and hospital claimed no responsibility and were dismissed with prejudice.

Defendant surgeon and neurophysiologist claimed the other was responsible for the miscommunication.

Defendant company who retained the neurophysiologist claimed the relationship was one of independent contractor and therefore there was no liability.

Settlement Discussions

Plaintiff demanded $3.5 million.

Specials in Evidence

$77,153 Defense contended economic damages $93,303-$116,200, if liability found. $130,903 $433,914 $2,593,872

Injuries

The patient regained ability to ambulate with assistance but needs help with all activities of daily living. She has decreased sensation and movement in all extremities, and suffers from constant pain and spasticity. She is able to use a computer and a walker with assistance. Outside the home, she uses a wheelchair. The patient had retired to care for her elderly father, but intended to find additional employment in the corporate/finance/business analysis business.

Result

The case settled for $2,643,000 ($1,650,000 from defendant surgeon; $978,000 from defendant neurophysiologist; $15,000 from defendant company). Both the Hospital and the anesthesiologist were dismissed in exchange for a waiver of costs.

Other Information

Two mediations, and multiple telephonic conferences resulted in resolution. FILING DATE: July 13, 2010.