Case I.D. Confidential
Published: Sep. 25, 2008 | Result Date: Apr. 9, 2008 |Settlement – $1,360,000
Court
Confidential
Attorneys
Plaintiff
Virginia C. Nelson
(Law Ofcs Virginia C Nelson)
Defendant
Marilyn R. Moriarty
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
The plaintiff, a 67-year-old claims adjustor for a workers' compensation insurer, had tingling in the arm and spinal stenosis. A seven-level fusion and laminectomy were recommended. During the surgery, the surgeon's hand slipped while holding an instrument, and hit the spinal cord. As a result, the plaintiff suffered paraplegia.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant failed to protect the spinal cord of the patient during the surgery; that this injury was caused by conduct below the standard of care.
DEFENDANT'S CONTENTIONS:
The defendant contended that the injury was a procedural risk, and that plaintiff had coverage for any injury because of collateral sources.
Result
The case settled for $1,360,000, exclusive of collateral sources.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390