The plaintiff is a 61 year old woman who was able to walk to an ambulance but left the hospital paralyzed a week later has resolved her lawsuit against three doctors for medical malpractice.The plaintiff was scheduled to go to trial a second time, but resolved her lawsuit during mediation against a radiologist,a neurologist and an internist.The records show the medical malpractice lawsuit was resolved and the Judge signed a dismissal involving two of the doctors.The attorney called it a confidential resolution, not a settlement, but will not specify the amounts the two other doctors or their insurers will pay.The victim is greatly relieved that the claim has been resolved, and will use the money to pay for the nursing home where she has become accustomed. Her husband died while she was pending the appeal and she has decided that the nursing home is the best place for her medically and emotionally.As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.
The plaintiff is suing the hospital and several doctors citing medical negligence after a spinal epidural abscess was not quickly diagnosed and led to her partial paralysis.The plaintiff was a retired licensed practical nurse who hadn’t worked for over 12 years due to a work injury that caused her leg pain, reflex problems and numbness.She lived at home and was cared for by her husband a Vietnam veteran. Just weeks before the trial her husband died from complications from Agent Orange and the plaintiff was moved to the nursing home.If she had won a large jury amount, she would have temporarily lost her Medicare benefits and would have had to pay the full price of her medical bills until her money ran out. The estimate for her lifetime care is $4.7 million.This award brings to an end a case that ended in a defense verdict 3 years ago when a jury found in the doctors’ favor.The Hospital had settled shortly before trial.The attorneys thought that the plaintiff, who was wheeled into the courtroom on a gurney and was only able to wiggle two toes for jurors, would have prompted a verdict in her favor.After the verdict, the defense attorneys sent a letter regarding possible misconduct.The settlement couldn’t be brought up at trial and the judge repeatedly warned jurors not to read the newspaper, Internet stories or watch TV news.But it was discovered one juror did anyway and learned from a Daily News story about the settlement.It was discovered that the bailiff was contacted by a juror who reported that another juror told two jurors he’d read articles about the case and had done his own research and knew one of the defendants had settled.The three jurors involved in the conversation testified at a hearing which prompted the Judge to throw out the verdict and grant the plaintiff a new trial.The testimony showed the plaintiff who suffered from diabetes and bipolar disorder, called 911 complaining of shortness of breath and excruciating back pain.She walked out of her home into an ambulance, but later said in court that the doctors, who weren’t even hospital employees, didn’t consider her condition an emergency. Testimony showed she deteriorated for six days while at times screaming in pain, until a week later when she was unable to walk. The plaintiff’s lawsuit alleged she suffered from progressive neurological deterioration after she was admitted. Six days later, she was transported to another Hospital for an MRI where they found a large epidural abscess on her spine.A neurological consult was immediately requested and another doctor performed emergency decompressive surgery which helped her regain some arm motion and feeling in two toes.But by then it was too late, the plaintiff who was an amateur artist who loved to paint, had suffered severe, permanent neurological dysfunction. She was released from the hospital one month later to the nursing home and suffers from quadriparesis which means she has some limited motion.