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DISCLAIMER: The above results are specific to the facts and legal circumstances of each of the above clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

$1,475,000 Medical Malpractice Case Settlement

We represented a 68-year-old female with a history of chronic urinary tract infection, controlled diabetes, atrial fibrilation, recent lithotripsy and stenting to remove a kidney stone obstruction.  She was admitted to the hospital with complaints of left flank pain and a blood culture drawn two days earlier in the emergency room was positive for e-coli.  The epidural abscess from which she suffered went undiagnosed by the defendant physicians for four days during her hospitalization.  The physicians attributed her symptomatology to a kidney infection.  During the four days of hospitalization, the plaintiff’s condition deteriorated gradually from being able to walk and control her bladder, to some lower extremity weakness, to numbness, to incontinence, and then to a total lack of strength and sensation from above her umbilicus down.  By the time an MRI was finally ordered and a neurologist was consulted, the plaintiff had irreversible paraplegia and neurogenic bowel and bladder.  Plaintiff’s experts opined that the standard of care required MRI of the cervical, thoracic, and lumbar spine upon the plaintiff’s admission to the hospital due to her complaint of left flank pain and bacteremia, her diabetes, her recent history of genitourinary procedures, and clinical information that was inconsistent with a diagnosis of a kidney infection including a normal urinalysis and normal IVP imaging study.  The case settled through mediation for $1,475,00.

Awarded: $1,475,000


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Shevlin Smith
3975 University Drive
Suite 405
Fairfax, VA 22030
Phone: (703) 591-0067
Fax: (703) 591-1877
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