$1.75 Million Settlement
An 11-year-old girl who claimed that she suffered paralysis as a result of scoliosis surgery has settled her Jasper County medical malpractice case for $1.75 million.
The girl underwent surgery in March 1999 to correct the curvature of her spine. The surgeon informed her parents that because paralysis can occur if the spinal cord is straightened too far, a technician would be present during the operation to protect the integrity of her spine. This would be done by continuous monitoring of the girl's sensory and motor responses to stimuli.
A registered respiratory therapist was the technician in charge of monitoring the girl during surgery. The plaintiffs claimed the medical records showed that at about 10:15 a.m., the therapist obtained an inadequate sensory response from the girl's lower extremities. The technician testified that she informed the surgeon of the response, but everyone in the operating room agreed that the inadequate response was due to anesthesia and not the surgery itself.
The surgeon, however, denied that he was ever told of the inadequate response. He testified that had he been so advised, he would have halted the surgery in order to determine if there was a problem.
Because he was allegedly not told of the inadequate response, the surgeon said he continued the surgery and did not become aware of any problem until the early afternoon when the technician informed him that she could not get any sensory response from the girl's lower extremities.
At that time, the surgeon decided to continue and instructed the technician to confirm whether the machine was working properly. Preparation to straighten the spine continued for nearly 90 minutes before it was determined that the girl was paralyzed.
Although the girl was initially paralyzed from the waist down, she made a good recovery. With extensive rehabilitation, she regained the ability to walk but still suffers spasticity in her left foot, which affects her balance and gait. She receives Botox injections every three months in the muscles that control her left ankle.
Since the surgery, the girl also continues to suffer from a neurogenic bladder and bowel disorder, which makes her more susceptible to bladder infections and also causes periodic incontinence.
The plaintiffs alleged that the hospital failed to adequately train and supervise the technician, who lacked the education and experience to perform neurophysiological monitoring. Further, they alleged that the surgeon injured the girl's spinal cord by excessive stretching and that he was negligent in continuing surgery once he learned of the inadequate sensory responses.
The parties settled for $1.75 million.
Type of Action: Medical malpractice
Type of Injuries: Left foot spasticity, neurogenic bladder and bowel disorder
Court/Case No./Date: Jasper County Circuit Court/29V019901142/February 2005
Caption: Skaggs v. Tupper, et al.
Judge, Jury or ADR: Jury
Name of Judge: William Crawford
Special Damages: $393,651.22 past medical expense, $1,727,729 life care plan
Last Offer: N/A
Last Demand: N/A
Verdict or Settlement: $1.75 million settlement
Allocation of Fault: N/A
Attorneys for Plaintiff: Michelle Boehm O'Neal, The Hershewe Law Firm, Joplin
Insurance Company: Missouri Hospital Plan, Medical Assurance
Plaintiff's Experts: Dr. Donna Barras, Buena Park, Calif. (pediatric rehabilitation); Jack M. East, Little Rock, Ark. (life care planner); Gayle Hicks, San Diego (neurophysiologist); Dr. John A. Ogden, Atlanta (pediatric surgeon); Dr. Thoru Yamada (neurophysiologist)
Defendant's Experts: Dr. Richard Dubinsky, Kansas City, Kan. (neurologist); Dr. Mark Erikson, Denver (pediatric orthopedic surgeon); Dr. Richard McCarthy, Little Rock, Ark. (pediatric surgeon)
February 28, 2005
