Facts

Plaintiff Jane Doe, then 53 years old, with a history of severe ankylosing spondylitis, for which she had undergone a total hip replacement one month before, was injured in a motor vehicle collision when her vehicle was T-boned by a car driven by defendant Doe driver. Plaintiff was taken to the emergency department at defendant Doe Acute Care Hospital. At that time, plaintiff was experiencing neck pain and slight numbness in one arm. Plaintiff was seen by defendant Doe MD 1, an emergency medicine physician, who ordered cervical spine x-rays. The radiologist's report indicated that C6 and C7 could not be visualized. Defendant Doe MD 1 discharged plaintiff from the ER, and instructed her to follow-up with her primary care physician in five days.

When plaintiff went to her primary care physician's office as instructed five days later, the primary care physician ordered an MRI of the cervical spine, which was read by the interpreting radiologist as showing a fracture dislocation at C6-7 and a possible cervical epidural hematoma. Plaintiff was instructed to go to the ER at Doe Acute Care Hospital 2, and to bring a disc with her MRI images and a paper copy of the MRI report, which she had been given at the Imaging Center, with her when she returned to the hospital.

Plaintiff was seen at the hospital by defendant Doe MD 2, who ordered plaintiff to be transferred to another hospital that had a neurosurgeon on staff. Plaintiff was transferred to Hospital 2. Throughout the evening, and the following morning and early afternoon, plaintiff had no neurologic deficits, other than decreased sensation and weakness in one arm. After being transported to and from the radiology department for an MRI in the late afternoon on the first day of admission, plaintiff became acutely quadriplegic. The repeat MRI showed that the epidural hematoma had gotten larger, and was severely compressing her cervical spine. Surgical decompression and fixation of the fracture were unsuccessful in improving her quadriplegia.

Plaintiff was then transferred to defendant Skilled Nursing Facility, where she developed a Stage 4 sacral decubitus ulcer.

PLAINTIFF'S CONTENTIONS:
Defendant Doe MD 2 spoke by telephone with defendant Doe MD 3, a neurosurgeon who would be accepting care of plaintiff at Hospital 2. Defendant Doe MD 2 claimed that he told defendant Doe MD 3 about the fact that an MRI had been done, and about the C6-7 fracture dislocation and the possible epidural hematoma.

Defendant Doe MD 3 claimed that he was not told that an MRI had been performed or that there was concern for a possible epidural hematoma. He did acknowledge being told about a CT scan that had been performed after plaintiff returned to defendant Acute Care Hospital, which showed a fracture dislocation at C6-7.

The disc of the MRI and paper report of the MRI was not transmitted along with the patient when she was transferred to Hospital 2. The information contained in the MRI report was entered into defendant Acute Care Hospital's computer (which could be accessed from both Hospitals 1 and 2) before plaintiff was transferred. Shortly after the telephone conversation between the doctors, plaintiff was transferred to Hospital 2.

Plaintiff claimed that each of defendants in the medical negligence case was partially responsible for the delay in decompressing plaintiff's cervical spine, fixing her C6-7 fracture, and evacuating the cervical epidural hematoma. Plaintiff claimed that had defendants complied with the standard of practice, defendant Doe MD 1 would have prevented the cervical epidural hematoma, or had any of the remaining defendants recognized it early enough any permanent neurologic injury would have been avoided. Plaintiff further claimed that the staff at defendant Skilled Nursing Facility neglected her by failing to turn/reposition her at appropriate intervals, and failing to provide proper hydration and/or nutrition, resulting in the Stage 4 sacral decubitus ulcer.

DEFENDANTS' CONTENTIONS:
Each of the defendants contended that they complied with the applicable standard of care. Defendants further contended that, as a result of plaintiff's pre-existing ankylosing spondylitis, she would likely have been wheelchair-bound, unable to work, and dependent on others for most of her activities of daily living within a short time after the events giving rise to this case occurred, even in the absence of the alleged negligent acts/omission.

Injuries

Plaintiff claimed she recovered enough function in her left hand to operate a motorized chair, but is otherwise immobile and completely dependent for all of her activities of daily living.

Result

The parties settled. Plaintiff received $5 million from defendant Acute Care Hospital, $1 million from defendant Skilled Nursing Facility, $1 million policy limit from defendant Doe MD 1, $1 million policy limit from defendant Doe MD 2, $1 million from defendant Doe Medical Group, employer of defendant Doe MDs 1 and 2, $1 million policy limit from defendant Doe MD 3, and $15,000 policy limit from defendant Doe driver, for a total settlement of $10,015,000.