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$1.475 Million
settlement for failure to diagnose and treat compartment syndrome
August, 2003
A man who suffered muscle and nerve damage in his lower leg
as the result of the failure of his surgeons to diagnose a
compartment syndrome that developed following extensive spine
surgery has settled his case for $1.475 million. By agreement
of the parties, the settlement negotiated by Feldman Shepherd attorney
Mark W. Tanner will not disclose the identity of the plaintiffs
or the defendants.
The case arose in central Pennsylvania, where a neurosurgeon
and an orthopedic surgeon performed a lengthy spinal surgery
upon the plaintiff. The procedure itself lasted approximately
11 hours, and it was noted that the plaintiff exhibited signs
of pressure sores on his face and knees following the surgery.
In the days which followed, the plaintiff experienced increasing
pain in his lower legs, and became unable to flex his ankles.
Notwithstanding warnings contained in the medical literature
concerning the risk of developing a compartment syndrome --
a condition in which the tissues of the lower limbs swell
and reduce blood supply and compress nerves in the lower extremities
– this condition was not considered by the defendants
until after much of the plaintiff’s muscle and tissue
had been destroyed. Ultimately, the plaintiff underwent several
surgeries in his lower leg in an effort to improve his condition,
but the surgeries were not successful. Finally, the plaintiff’s
leg was amputated just below the knee.
Extensive discovery was conducted by Feldman Shepherd, who deposed the
surgeons and attending medical staff involved in plaintiff’s
care. Nationally recognized experts in the field of spine
surgery were retained, and reports were provided to the defense.
Specifically, plaintiffs retained a fellowship- trained spine
surgeon, as well as another orthopedic surgeon who specialized
in treating compartment syndrome, physical medicine rehabilitation
experts, a life care planner, a vocational expert, and an
economist to document and address the nature and severity
of the plaintiff’s damages.
As a result of aggressive preparation, many months in advance
of trial, the parties entered into this settlement. |
