Jeff Ryan and Matt Loving obtained a unanimous defense verdict on behalf of a Physical Medicine and Rehab doctor. Over seven days of trial in the 199th District Court of Texas, Jurors heard of the care and treatment before and after unexpected complications following a routine MRI procedure. Plaintiffs alleged negligence of multiple physicians and were seeking past and future medical expenses, loss of consortium, past and future lost wages, mental anguish damages, and sought a recovery in excess of $2 million. Specifically, Plaintiffs alleged our client failed to timely obtain appropriate surgical treatment, and/or a failed to transfer Plaintiff to another surgical facility.
Plaintiff received an MRI after complaining of lower back pain, difficulty walking, and lying flat at night. The physician ordered an MRI under sedation after consulting with the patient about positioning and claustrophobia concerns. While recovering from anesthesia after the MRI that evening, Plaintiff realized he could not move his legs and was paralyzed. Lead trial counsel Mr. Ryan demonstrated through evidence and witness testimony how the physician went above and beyond in response to this unforeseen complication. Even though the doctor was not at the hospital or on call, he left his home and rushed to the bedside to examine his patient. While there, he consulted with other doctors and specialists to organize prompt care and follow-up treatment. The patient underwent extensive back surgery of his thoracic spine the following morning and while there has been some improvement, he continues to have significant mobility problems and has not regained full use of his legs with a majority of time in a wheelchair.
The physician did not want to move the patient any more than necessary because of likely pressure on the spinal cord, and because the source of the paralysis was unknown. He ordered new imaging studies and immediately consulted with a spinal surgeon. The surgeon agreed to operate in the morning, allowing for enough time to complete the imaging studies. After less than two hours of deliberation, the jury returned a unanimous verdict, finding no negligence on the part of any Defendant.
Attorneys: Jeffrey W. Ryan; Matt Loving
