Confidential

Facts

On the evening of July 13, 2002, Mrs. Doe was thrown from a horse and landed on her back. She was taken to Roe hospital where imaging studies revealed fractures at T5-6 involving all three columns of the spine. She was immobilized.

A CT scan was done on July 15, 2002. Mrs. Doe remained immobilized. An MRI and plain films were taken on July 23, 2002, and showed increasing kyphotic deformity of the thoracic spine. Roe Spinal Orthopedic Surgeon recommended surgery, but there was inadequate post-operative staffing on July 24 and 25. Normal neurologic examinations were documented up until her surgery.

Surgery took place on July 31, 2002. Surgery consisted of the placement of pedicle screws at T10 to T12 on the right and T9, T11 and T12 on the left. In addition, rods were placed from T1 to T12. Sublaminar wires were placed at T9-T12. During the process by which the right rod was brought down toward the pedicle screws, the neurophysiologist who was monitoring Mrs. Doe's spinal cord function reported the loss of posterior tibial recordings. Roe spinal orthopedist removed all hardware and a wake up test was performed. Mrs. Doe was able to move her left lower extremity, but not her right lower extremity. Roe spinal orthopedist then replaced the hardware with the exception of the sublaminar wires. The neurophysiologist again reported the loss of both posterior tibial recordings.

Post-operatively, Mrs. Doe was diagnosed with incomplete paraplegia. She has improved considerably since the time of the surgery, but still has mild to moderate sensory and motor deficit, primarily in the right lower extremity.

PLAINTIFF'S CONTENTIONS:
With worsening kyphotic deformity noted on the plain films and MRI of July 23, 2002, accepted standards of care required taking Mrs. Doe to surgery the following day, or on July 25, at the very latest. There was ongoing sub-clinical trauma to the spinal cord up until the time of surgery on July 31, such that her cord was markedly predisposed to intraoperative injury. Injuries include incomplete paraplegia with resulted mild to moderate lower extremity deficit, primarily on the right. Mrs. Doe was a dog trainer, earning $2,000 per month. It was claimed that she could work only half time as a result of her injuries.

DEFENDANT'S CONTENTIONS:
The defendant contended that any delay in getting Mrs. Doe to surgery was inconsequential and that she demonstrated a normal neurologic examination at all times up until the surgery. The defendant contended that there was unexplainable intraoperative vascular event which caused injury to the spinal cord in the absence in any negligence. The defendant contended that Mrs. Doe was re-trainable to a job that would have paid comparable to that which she was making as a dog trainer. The defendant also disputed virtually every aspect of Mrs. Doe's Life Care Plan.

Specials in Evidence

Life care plan with present value damages from $400,000 to $600,000.

Result

$125,000 settlement.