Middlesex Court Case - November 2015
							
    The Facts
    The plaintiff was a 56 year-old married male with 3 adult children and no
    significant prior medical history. The insured was the plaintiff’s primary
    care physician. On March 25, 2010, the plaintiff presented to the insured
    with complaints of severe back pain, nausea and a decrease in appetite. He
    indicated the pain originated from exercising with heavy weights on March
    21st. An x-ray was ordered, interpreted as negative and pain medication was
    prescribed. On March 31st, the plaintiff returned to the insured with
    complaints of increased pain and constipation. The insured ordered a lumbar
    MRI, which was completed on March 31st. The MRI was interpreted by the
    co-defendant radiologist to demonstrate significant soft-tissue
    degenerative conditions but also suggested “signal abnormality within the
    epidural space.” The MRI report noted that the abnormality was “nonspecific
    and a pathologic process cannot be excluded” at multiple levels. The report
    further stated that “if clinically indicated, this vertebral body could be
    further evaluated with a postcontrast study.”
    The insured read the MRI report on April 2nd and the same day left a
    message for the plaintiff with a referral to a spine specialist. On April
    6th, the plaintiff consulted with the co-defendant pain management
    specialist and a physician assistant of Spine and Pain Centers of NJ &
    NY. This physician was not the physician the insured referred the plaintiff
    to. There he presented with additional complaints of difficulties walking
    and signing papers, was examined and diagnosed with an acute endplate
    compression fracture and disc herniation at L1. Pain medications were
    prescribed and a thoracic lumbar brace was ordered. The next day, April
    7th, the plaintiff fell in the shower, was unable to get up and was taken
    to Monmouth Medical Center via ambulance. There he was diagnosed with
    cervical, thoracic and lumbar epidural abscesses with cord and cauda equina
    compression and quadriparesis. He was emergently taken to surgery for C5 to
    T6 and L4 to S1 laminectomies with evacuation of epidural abscesses. The
    operation lasted over 8 hours.
    He remained at Monmouth Medical Center for three weeks with a final
    diagnosis of, among other things, quadriplegia, which was permanent.
    Subsequently he was admitted to multiple rehabilitation and sub-acute care
    facilities for several months until ultimately discharged home under care
    of his family. Prior to the loss, the plaintiff was employed as a civilian
    supervisor for the Army’s satellite communications program, earning
    approximately $140k/year, and was a referee for youth soccer.
    The plaintiff was alleging over 6 million dollars in economic damages in
    addition to a claim for pain and suffering, loss of enjoyment of life and
    disability.
    Allegation of Deviation against the Insured
    It was alleged that the insured failed to communicate with the radiologist
    when he was unsure of what the MRI report meant. It was further alleged
    that he failed to communicate personally and effectively with his patient
    once he received the MRI results, and failed to reach out to the specialist
    himself for additional medical input and assistance.
    Trial Outcome
    All defendants but the insured settled with the plaintiff prior to trial.
    The strategy at trial, in addition to showing that the insured was not
    negligent, was to show that the settling defendants were responsible for
    the plaintiff’s injury and disability. After seven days of testimony and
    argument, the jury returned a unanimous no cause verdict, finding that the
    insured did not deviate from the standard of care.