Professional Negligence Law Reporter

Doe, a union laborer, went to a Chicago-area hospital ER, complaining of chest pain, radiating severe back pain, and breathing difficulty. He received a diagnosis of back spasm and was discharged with a prescription for anti-inflammatory medications. Several days later, Doe developed dramatically worsened symptoms, including urine retention and numbness and tingling. He returned by ambulance to the hospital, where he was unable to walk on his own. The attending ER physician allegedly ordered an MRI of the lumbar spine. Approximately 12 hours after his arrival, Doe underwent an MRI of the thoracic spine.

Doe was subsequently transferred to another facility and underwent an emergency laminectomy, which revealed a spinal epidural abscess. He sustained permanent spinal cord damage and now suffers from weakness in his legs and reduced bladder function. He also walks with a cane.

Doe sued the hospital and two physicians, alleging failure to timely diagnose the abscess. Suit alleged that the defendants should have ruled out an infection as the source of Doe’s back pain, ordered a timely MRI of the thoracic spine in light of Doe’s complaints, and acted with a sense of urgency in light of Doe’s condition.

The parties reached a settlement for $8 million.

Citation: Doe v. Roe, Undisclosed Dkt. No. (Confidential Jxn. & Ct. 2023).

Plaintiff counsel: AAJ members Stephan D. Blandin, Martin D. Gould, Michael E. Holden, and Debra L. Thomas, all of Chicago.