Confidential
Settlement – $328,000Facts
In 2000, the plaintiff, then aged 52, had complaints of pain and numbness in her left leg. Additionally, the plaintiff experienced a burning sensation in her upper extremities upon flexion of her head. Due to her symptomatology, the plaintiff was referred to the defendant for surgical evaluation. Based upon the recommendations of the defendant, the plaintiff underwent an operative procedure in May 2000 which entailed the removal of the disc at C4-5 and C5-6; interbody fusion of C4-5 and C5-6 using bone from the left iliac crest; and decompression of C5 and C6. Following the operative procedure, the plaintiff began to complain of worsening of her condition, including but not limited to, strength of her left upper extremity. Thereafter, the plaintiff sought out the care of other physicians for her continuing spinal cord compression. As a result, the plaintiff was forced to undergo a second procedure on her neck in November 2001. That procedure was a C4, C5, C6 laminectomy with removal of the offending osteophyte and a C3 through C7 anterior fusion. The plaintiff contended that the defendant was negligent in the performance of the surgical procedure set forth above; that the defendant did not adequately follow-up with the necessary post-operative imaging studies in a timely fashion with respect to the complaints of weakness following the surgery. In addition to the subsequent surgery and residual complaints, the plaintiff has alleged that she has suffered depression following the negligent care and treatment as well as economic damages for both loss of earnings and out of pocket expenses connected with her medical care since the time of the procedure. As a result of her injuries, the plaintiff has not been able to return to work.
Injuries
Worsening of strength deficit in upper extremity, burning sensation in the arm and scapular area, atrophy of left hand and severe pain.
Result
The case was resolved as a settlement following a verdict for the entirety of the verdict plus costs in exchange for the defendant waiving his right to appeal and payment being made forthwith. Additionally, no offers were ever extended to the plaintiff during the course of the litigation other than for a waiver of costs.
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