Professional Negligence Law Reporter

Chifalo v. Ostrand, No. 2018CV30092 (Colo. Dist. Ct. Pueblo Cnty. May 17, 2019).

Samuel Chifalo, 63, fell and hit his head. An ambulance crew arrived and put a cervical collar on him before transporting him to Parkview Medical Center. There, staff noted that Chifalo had difficulty moving his arms and legs. Nevertheless, emergency room physician Ashley Ostrand did not document this after performing a physical examination and recording Chifalo’s medical history. The physician ordered the removal of spinal precautions, ordered CT scans of Chifalo’s neck and head, and discharged him with a referral to an orthopedist.

The next day, Chifalo, who was unable to walk, returned to the emergency room. Ostrand ordered MRIs of his head and cervical and thoracic spinal cord regions. He was then diagnosed as having a spinal cord injury at C3-4 with quadriparesis. Despite rehabilitation, Chifalo continues to suffer from paralysis.

Chifalo and his wife sued Ostrand and the hospital, alleging failure to timely diagnose and treat the spinal cord injury. Had he undergone appropriate testing and emergency  neurosurgery the day before, Chifalo asserted,  he would have avoided paralysis. The plaintiffs did not  claim lost income.

The physician settled before trial. The jury awarded approximately $3 million, finding non-party Ostrand 5% at fault.

Plaintiff counsel: AAJ members David S. Woodruff and Henry Miniter, both of Denver.