$10 Million Settlement for Misdiagnosed Brain Injury Resulting in Paraplegia
M. v. Kevin Jackson M.D., et al.
Our client, a 41-year-old married father of two, suffered an injury on the right side of his head while playing touch football at a youth ministry retreat. He was taken to a hospital, where the injury was diagnosed as a minor skull fracture which required no treatment. However, diagnostic imaging found an abnormality on the left side of his brain, which a hospital-assigned neurosurgeon concluded then, and again two months later, was a benign vascular formation with no cause for worry. Unfortunately, the condition was a brain abnormality with severe potential neurological consequences. Four months after our client received the second “no worry” evaluation, it ruptured and caused him catastrophic neurological injury including paraplegia and partial blindness. Our demonstration that the neurosurgeon’s failure to give our client the full picture of his condition, including its potential risks and treatment, was so convincing that the hospital where the neurosurgeon was assigned agreed to a $10 million settlement, even though the surgeon was not a staff member and instead chose to go to trial. The settlement we secured will help our client and his family assure the constant care that he now requires.