Levin & Perconti secured a $3.5 million settlement for a 46-year-old man who suffered permanent paralysis after staff at Hines VA Hospital failed to timely diagnose and treat a spinal epidural abscess. Despite repeated complaints of neck pain and known risk factors for infection, the hospital delayed necessary diagnostic testing. Founder John J. Perconti represented the patient.
What Happened
In July 2000, a 46-year-old man repeatedly complained of severe neck pain while receiving treatment at Hines VA Hospital.
The patient had a history of intravenous drug use, a known risk factor for spinal epidural abscess, a serious infection that develops in the space surrounding the spinal cord. Without timely diagnosis and treatment, the infection can place pressure on the spinal cord and cause permanent neurological damage.
Despite his symptoms and medical history, hospital staff failed to diagnose the infection.
An MRI was needed to confirm the condition, but the hospital’s MRI machine was reportedly broken for more than 39 hours. Rather than transferring the patient to nearby Loyola University Medical Center for urgent imaging, staff delayed obtaining the necessary testing.
The infection progressed, leaving the patient permanently paralyzed in his lower extremities.
What Levin & Perconti Argued
Levin & Perconti argued that the hospital failed to recognize the warning signs of a spinal epidural abscess and obtain timely diagnostic testing.
The firm maintained that the patient’s repeated neck complaints and history of intravenous drug use warranted urgent evaluation. The hospital’s broken MRI machine should not have prevented staff from arranging appropriate testing at a nearby medical facility.
The delay allowed the infection to progress before it could be properly diagnosed and treated.
“When a patient shows signs of a potentially serious spinal infection, delays in testing can have devastating consequences. The hospital had an obligation to find another way to obtain the necessary imaging rather than allowing a medical emergency to go unaddressed.”
$3.5 Million Settlement
Levin & Perconti secured a $3.5 million settlement with the United States government, which operated Hines VA Hospital.
The recovery provided substantial compensation to a man whose life was permanently changed by paralysis that likely would have been prevented with timely medical care.
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Media Coverage
Crain’s Chicago Business, February 28, 2005:
