Case details

Defense claimed X-ray findings consistent with sciatica

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
catheterization, paralysis, paraplegia, quadriplegia, sexual dysfunction, shoulder, urological
FACTS
On Sept. 22, 2008, plaintiff Carlos Figueroa, 39, a tow truck owner and operator, presented to the emergency room at Downey Regional Medical Center in Downey, with complaints of back pain with bilateral radiation. Figueroa was evaluated by Dr. Daniel Kahsai and spinal X-rays were performed. Figueroa was diagnosed with sciatica and a resolving buttocks abscess. He was then discharged that same day with instructions to follow up with his physician and to return if he developed a fever or weakness. Later that day, after waking up from a nap, Figueroa found that he was paralyzed. He was subsequently taken by ambulance to another hospital, where he underwent CT scans and MRIs. It was then determined that Figueroa had a spinal epidural abscess, requiring neurosurgery the following day. Figueroa sued Kahsai, Downey Regional Medical Center, Downey Acute Care Medical Group, Multi-Care Medical Group and Multi-Health Care Medical Group Inc. He alleged that the defendants failed to perform proper tests when he initially presented to the hospital and failed to diagnose his spinal epidural abscess. He also alleged that these failures constituted medical malpractice. Multi-Care Medical Group and Multi-Health Care Medical Group Inc. ultimately settled out of the case, and Downey Regional Medical Center was dismissed from the case during trial. Thus, the matter continued against Kahsai and Downey Acute Care Medical Group only. Figueroa contended that Kahsai and other staff of Downey Acute Care Medical Group failed to make a timely diagnosis of the spinal epidural abscess prior to his paraplegia. Specifically, he contended that the defendants failed to take and record his temperature upon presentation; failed to perform a thorough motor and neurological exam; failed to appreciate signs of elevated white blood cell count; failed to appreciate findings of an ileus on the spinal X-ray; and failed to order an MRI. Defense counsel contended that Kahsai and the staff at the hospital complied with the standard of care. They argued that Figueroa’s history and sudden onset of back pain following activity, as well as the findings of the spinal X-ray, were consistent with sciatica., Figueroa was taken to another hospital via ambulance on Sept. 22, 2008, at 7:45 p.m. On Sept. 23, 2008, at 5:30 p.m., Figueroa underwent neurosurgery after a spinal epidural abscess was discovered. However, he remains a paraplegic, and requires the use of a wheelchair and a catheter for his bladder. Figueroa, who is now married, claimed that he suffers recurring urinary tract infections, and shoulder pain from use of the wheelchair, as well as from transferring himself from it. He alleged he needs assistance with showering, but is otherwise independent. However, he alleged that he cannot return to his former employment. Figueroa. Defense counsel contended that Figueroa could return to employment after vocational rehabilitation. Counsel also contended that Figueroa would require a housekeeper to assist him around the house and that as he aged, Figueroa would require additional assistance.
COURT
Superior Court of Los Angeles County, Norwalk, CA

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