Case details
Negligent post-surgical care resulted in paralysis: patient
SUMMARY
$2850000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
spinal cord infarction
FACTS
On May 15, 2012, plaintiff Alannis-Marie Duchanse, 15, underwent an anterior spinal fusion from T11 through L3 in order to treat a congenital defect. The procedure was performed by Dr. Mohammad Diab at University of California San Francisco Medical Center in San Francisco. The surgery was reported to be uneventful. However, Alannis-Marie suffered a spinal cord infarction post-surgery and was rendered a T11 paraplegic. Sarah Duchanse, acting as Alannis-Marie’s guardian ad litem, sued Diab and the Regents of the University of California, as the owner and operator of UCSF Medical Center. Sarah Duchanse also sued Mirza Alam, M.D., and Charlotte Moore, Ph.D., who assisted in monitoring Alannis-Marie during the surgery, as well as the medical office for Alam and Moore, Pacific Neurophysiological Systems, LLC. Sarah Duchanse alleged that the defendants’ were negligent in the treatment of Alannis-Marie post-surgery and that their actions constituted medical malpractice. Diab, Alam, Moore and Pacific Neurophysiological Systems were all voluntarily dismissed early in the proceedings, as Regents assumed any alleged liability on their behalf. Plaintiff’s counsel contended that due to substandard medical management during Alannis-Marie’s post-surgery recovery, Alannis-Marie suffered a spinal cord infarction that resulted in her becoming a T11 paraplegic. Counsel specifically contended that Regents allowed Alannis-Marie’s blood pressure to fall too low and failed to perform the required neurological assessments in the 24 hours post-surgery. Regents’ counsel contended that blood pressure control and neurological assessments of Alannis-Marie were adequate. Counsel also contended that the staff at UCSF Medical Center was not negligent and acted within the standard of care during Alannis-Marie’s post-surgical recovery., Alannis-Marie was rendered a T11 paraplegic and will never walk again, as the condition is irreversible. She also no longer has any control of her bladder or bowels as a result of her condition. She claimed that as a result, she must depend on others to catheterize her multiple times each day, and to assist her and clean her after her bowel movements. Alannis-Marie claimed that she suffers from a loss of enjoyment of life and that she also can no longer pursue a military career, as she had planned to follow in the footsteps of her father who was a career soldier in the U.S. Air Force. Thus, Alannis-Marie sought recovery of $235,615.28 in past medical costs (based on a TRICARE lien) and $6 million for future care needs. She also sought recovery of $250,000 in damages for her past and future pain and suffering. Regents’ counsel estimated Alannis-Marie’s future care needs as being under $2 million, if liability was to be found against Regents.
COURT
Superior Court of San Francisco County, San Francisco, CA
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