Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
INJURIES: Katlyn was diagnosed as a functionally complete T-10 paraplegic. The plaintiffs asked for an award of $15.8 million: $632,970 in past economic damages, $10,208,009 in future economic damages and $5 million in past and future general damages.
Facts:
On Dec. 27, 2005, minor plaintiff Katlyn Soosh, 4, was a lap and shoulder belted rear seat occupant of a 2004 Chevrolet Tahoe when it was involved in a single-vehicle accident on Interstate 5, in an unincorporated part of San Jose County. Katlyn was transported by a helicopter to Children’s Hospital of Central California, and upon arrival her care was directed by pediatric trauma surgeon, Dr. Derrek Melon. Katlyn’s initial examination revealed an abdominal injury from the seat belt that required surgical repair, as well as mid-back swelling and suspected spinal ligamentous injury. No written orders were made at that time regarding instituting spinal precautions. The initial X-ray of the lumbar spine was originally read by the radiologist as negative, but later changed to reflect a probable chance fracture at L2-3. Melon performed the abdominal surgery.
Katlyn, by her guardian ad litem, sued Melon, alleging medical malpractice. The hospital was also sued, but it settled out prior to trial.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The plaintiffs argued that Katlyn was moving all four extremities up until the time of her surgery; however, afterward she could no longer move her legs. An MRI taken the following day revealed a spinal cord contusion at T-10. The plaintiffs alleged Melon was negligent in failing to ensure that appropriate spinal precautions were taken prior to Katlyn’s surgery and that improper movement of her spine caused and/or worsened her spinal cord injury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.