Confidential
Settlement – $350,000Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Facts
According to the plaintiff: On Sept. 10, 1996, the plaintiff was presented to High Desert Hospital with
complaints of pain and tingling in her first, second and third fingers on her left hand, for four weeks, along
with left leg weakness and complaints of her left foot dragging or catching intermittently.
The plaintiff also complained of some slowness and clumsiness. The plaintiff was seen by nurse practitioner
Juanita Harper, who performed an examination. Harper noted a lag in using the left foot during ambulation, as
well as numbness in the fingers of the left hand.
Her differential diagnosis was rule out carpal tunnel syndrome and rule out peripheral neuropathy. She ordered
tests, including nerve conduction, lumbosacral spine X-ray and labs.
The plaintiff was advised to continue exercising and to keep her next appointment. The plaintiff was also given
appointment for October 10, to come in and discuss the results of the tests ordered on September 10.
On October 9, when she called to confirm her appointment of the 10th, she was told there was no appointment
and had to make another, which she did. This next appointment was on October 17, with Dr. Khan at High
Desert.
On October 17, at 10:20 a.m., the plaintiff was told that her chart was unable to be located, but she should
wait. She waited until 12 noon, and when told that the doctors were going to lunch, and they still had not found
her chart, she advised the hospital staff that she needed to leave, to return to work, and they should call her
when they found her chart.
The plaintiff called High Desert on October 22, and her laboratory results were explained and she was advise
to come to the walk-in clinic for further evaluation and treatment.
On October 30, the plaintiff went to High Desert walk-in and was seen by Dr. Jong Lee. There was still no
chart, but Dr. Lee was able to review the lumbosacral spine films which were reported as normal. Although
provided with the ongoing history, Dr. Lee ordered no further tests and advised the plaintiff to return for her
next scheduled appointment of December 10.
On Jan. 24, 1997, the plaintiff returned to the walk-in clinic, saw Dr. Simpson, and complained of worsening
symptoms related to her upper and lower extremities, including shooting pains down her right leg into her
knee. Dr. Simpson diagnosed arthritis, prescribed Motrin and ordered X-rays and blood tests for rheumatoid
arthritis.
On February 27, the plaintiff returned to the walk-in clinic at High Desert for a follow-up visit. She saw Dr.
Bhaskara, but her chart was again not available. Although the plaintiff provided Dr. Bhaskara with a complete
history of her upper and lower extremity symptoms, Dr. Bhaskara's progress notes contain no such history. Yet,
Dr. Bhaskara makes an assessment of lupus, hypertension and degenerative joint disease and prescribed
Naproxen along with Motrin, for what Dr. Bhaskara interpreted as arthritic pain.
The plaintiff was given a three-month follow-up appointment. Because her symptoms were worsening, she
made an appointment at the General Medicine Clinic, requesting a consultation, follow-up on the diagnosis of
lupus and requested a referral to a rheumatologist. During this visit, she was again seen by Dr. Bhaskara who
made no notes of a history or the complaints shared with him by the patient, other than Motrin and Naproxen
were not working. Dr. Bhaskara's assessment was lupus, degenerative joint disease of the spine, carpal tunnel
syndrome on the left and stable hypertension. He placed the plaintiff on disability.
Receiving no relief, her condition deteriorating, the plaintiff presented at the ER of Olive View - UCLA
Medical Center on April 10, complaining of numbness of all extremities, muscle pains and leg weakness. She
was ultimately diagnosed with cervical spine stenosis with nerve compression and surgery was performed. * * *
Damages
Economic: The plaintiffs' out of pocket medical expenses have been limited to approximately $1,000 in that medical bills have been paid by a third party. It is anticipated that for follow-up and intermittent care, the plaintiff's future medical expenses will average $2,500 per year, not including any hospitalizations or surgical interventions. It is also anticipated that if the plaintiff can secure medical insurance, its costs will be $5,000 a year more than had she not experienced the injuries she had. The plaintiff is a trained legal secretary with a certificate as a paralegal, but because of her inability to travel any distance, has been limited to finding employment in the Antelope Valley area. Between May 1997 and April 1998, when rehabilitation was complete, the plaintiff experienced a loss of earnings of approximately $20,000. Since rehabilitation was completed, the plaintiff has been limited to working 20 hours a week for between $6 and $10 per hour, incurring an additional loss of earnings of at least another $25,000. Non-economic: For general damages, in excess of $250,000 cap imposed by MICRA.
Injuries
The plaintiff suffered and will continue to suffer spasticity in both lower extremities, dragging on both feet when walking, weakness in both feet, hyper-reflexia of all four extremities impairment of all four extremities, greater on the left than the right, abnormal gait and stance, decreased cervical rotation bilaterally, shaking of both knees when walking and sitting and intermittent left lumbosacral pain. Because of permanent numbness and decrease sensation in her hands, the plaintiff finds certain activities more difficult, such as typing, writing and holding utensils. Because of her reduced balance, she has difficulty walking, dressing herself, getting up out of chairs. The plaintiff now has chronic back pain.
Other Information
The plaintiff was immediately admitted to the neurosurgery service and placed on high dose steroids to decrease the swelling in the spinal cord in preparation for cervical decompression, which was carried out on May 7. The plaintiff underwent a cervical discectomy and fusion with iliac crest bone graft and orion plate. Although the surgical intervention assisted in impending further progressive deterioration, the plaintiff was unable to regain any loss of function resulting from the delay in diagnosis and treatment. Following surgery, the plaintiff underwent extensive post-operative treatment and occupational rehabilitation. * * *
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