Spinal Epidural Abscess

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CASE: Failure to timely diagnose and treat spinal epidural abscess

FACTS: Plaintiff 50-year-old man consulted Defendant orthopedic spine surgeon for evaluation of back pain. Plaintiff had been experiencing severe pain in his mid back for a number of weeks. Defendant ordered a bone scan and a MRI. The bone scan showed “uptake” in the thoracic spine. This finding, combined with plaintiff’s severe pain, put an infection and a malignancy in the differential diagnosis. The standard of care required defendant to conduct aggressive follow-up to rule out those potentially life-threatening illnesses.
Despite plaintiff’s continuing severe pain defendant failed to promptly obtain a MRI. Had defendant obtained a prompt MRI after the bone scan, the SEA would have been diagnosed and treated with antibiotics, and he would likely have avoided the need for surgery altogether.
Two weeks after the bone scan, plaintiff’s pain had become so unbearable that he sought help from his primary care physician. The PCP immediately sent plaintiff for a CT scan. The CT revealed a mass, likely an infection or malignancy, in the epidural space of the thoracic spine. The next morning, the PCP admitted plaintiff to the hospital, where he was diagnosed with a spinal epidural abscess.
After plaintiff’s SEA was diagnosed, defendant failed to monitor vigilantly for signs of neurologic decline. When other providers expressed concern about plaintiff’s developing neurologic deficits, defendant waited almost sixty-five hours to perform surgery to relieve the pressure on his patient’s spinal cord. Defendant’s failure to perform prompt surgery caused plaintiff to lose function in his legs and has left him with disabling deficits and pain.

DEFENSE: General denial of liability

INJURIES: Surgery during which plaintiff suffered a hemothorax and extensive blood loss, disabling hemiplegia

SPECIAL DAMAGES: Lost wages and earning capacity: $1,136,747; Life Care Plan: $2,521,851;  Medical bills: $407,123.93.

SETTLEMENT: The parties agreed to settle at mediation for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis and Kimberly Kirkland (Reis & Kirkland, PLLC)

CASE/COUNTY: Anonymous v. Anonymous