Case Type: Medical Malpractice
Facts of the Case
This case involved a 62-year-old man with long-standing Multiple Sclerosis. He presented to a local hospital for the placement of a Baclofen pump to assist with increasing leg spasticity. The procedure went well, but when he continued to have some spasticity, the decision was made to increase the amount of Baclofen in the intrathecal pump.
Inexplicably, a resident increased the amount from 3mcg to 5000mcg (instead of to 5mcg). As result of the overdose, the patient suffered an injury to his central nervous system, went into a coma, and remained in the hospital for months before being released to undergo extensive rehabilitation.
Unfortunately, the event led to a rapid deterioration in the patient’s condition, leaving him paralyzed, wheelchair bound, and completely reliant upon others for feeding, dressing, bathing, and all normal activities.
Types of Injuries and Harm Suffered
- Pain and suffering.
- Permanent paralysis.
- The need for total assistance with all daily activities.
- Medical bills.
- Out of pocket expenses for attendant care.
Legal Issues in the Case
- The patient’s overall health and condition of his MS prior to the event.
- How much the Baclofen overdose affected him and his increase in daily needs.
- Whether his permanent injuries were the result of the alleged negligence.
What We Did to Win the Settlement
After a detailed review of the medical records was completed, we put together a detailed timeline of events and chronology of the events contained in the medical records.
We then discussed the case with leading experts in the field of neurology. After sending a demand letter to the Hospital and months of negotiations, this case was able to be settled pre-suit for a confidential amount prior to filing of the Complaint.
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