Professional Negligence Law Reporter

Edward Dallies, 51, was admitted to a hospital, suffering from a swollen left arm and back pain. Family physician Lawrence Rahall prescribed intravenous antibiotics. A bone scan indicated Dallies had a compression fracture of his spine; however, Dallies did not undergo an MRI because he did not fit into the hospital’s machine. After five days, Rahall stopped the antibiotics. Dallies was discharged three days later.

Dallies’s neurological condition worsened, and he became unable to move his legs. He was later diagnosed as having an epidural abscess, which necessitated surgery. As a result of his injuries, Dallies now suffers from paralysis and neurological deficits, including a neurogenic bowel and bladder. He is unable to continue working as a laborer earning approximately $25,000 annually. 

Dallies filed suit against Rahall and one of his treating orthopedists, alleging failure to timely diagnose the epidural abscess and institute appropriate antibiotic therapy. Suit also alleged failure to stabilize the compression fracture.

The jury awarded $4.8 million.

Citation: Dallies v. Lehman, No. 30003/16 (Pa. Ct. Com. Pl. Lawrence Cnty. Jan. 25, 2019).

Plaintiff counsel: AAJ members John P. Gismondi and Joseph Froetschel, both of Pittsburgh.