Professional Negligence Law Reporter

Rebecca Wacker, who was in her late 30s, went to the Virtua Memorial Hospital emergency room, complaining of severe lower back pain and leg weakness. Nurse practitioner Jeffrey Magasiny ordered a urinalysis to rule out urinary tract infection and pregnancy. Wacker was then catheterized and voided 800 cubic centimeters of urine. After the urinalysis was interpreted as negative, Wacker was discharged with a diagnosis of chronic lower back pain. Four hours after her discharge, however, she returned to the emergency room, suffering from bladder incontinence. An MRI revealed a herniation at L4-5 and cauda equina syndrome. Although Wacker underwent an emergency diskectomy, she continues to suffer from bowel and bladder dysfunction, as well as balance issues.

Wacker and her husband sued Magasiny and the hospital, under an agency theory, alleging failure to timely diagnose and treat cauda equina syndrome. The plaintiffs asserted that Magasiny should have reviewed Wacker’s medical record more carefully, which would have showed that she had voided an excessive amount of urine, an issue requiring further investigation before discharge. The plaintiffs did not claim lost income.

The jury awarded $1.7 million, finding that Magasiny was 70% responsible. The jury attributed 30% fault to Wacker’s preexisting cauda equina syndrome.

Citation: Wacker v. Magasiny, No. BUR-L-001933-16 (N.J. Super. Ct. Burlington Cty. Jan. 30, 2020).

Plaintiff counsel: Gary Ginsberg, Cherry Hill, N.J.

Plaintiff experts: Erin Rose, nursing practice, Naples, Fla.; and Philip Wirganowicz, orthopedic surgery, Philadelphia.

Defense experts: John Tydings, orthopedic surgery, Lawrenceville, N.J.; Paul Asdourian, orthopedic surgery, Baltimore; Peter Leroux, neurosurgery, Wynnewood, Pa.; Andrew Perron, emergency medicine, Portland, Me.; and Kathleen Evanina, nursing, Wilkes-Barre, Pa.