Plaintiff suffers hemiparesis after revision back surgery. $1.7M. Ventura County.

Summary

Cervical herniation occurs during lumbar surgery; delay in surgical treatment is said to cause hemiparesis.

Case Name: Tannia Delapaz v. Roe Orthopedic Surgeon
Court and Case Number: Ventura County Superior Court / 56-2015-00467870-CU-MM-VTA
Date of Verdict or Judgment: Thursday, December 19, 2019
Date Action was Filed: Thursday, May 14, 2015
Type of Case: Medical Malpractice
Judge or Arbitrator(s): Hon. Henry Walsh
Plaintiffs:
Tannia Delapaz, 39.
Defendants:
Roe Orthopedic Surgeon
Roe Orthopedic Surgeon's Spinal Center
Type of Result: Jury Verdict

Gross Verdict or Award: $1,728,016
Net Verdict or Award: $2,149,016
Economic Damages:
$1,228,016
Non-Economic Damages:
$500,000
Post Trial Motions & Post-Verdict Settlements: Approximately $421,000 additional to plaintiff in CCP 998.

Attorney for the Plaintiff:
Levitt Leichenger & Aberle LLP by Daniel A. Spitzer and David B. Leichenger, Beverly Hills.
Attorney for the Defendant:
Reback McAndrews Blessey by Thomas McAndrews, Manhattan Beach.

Taylor DeMarco LLP by N. Denise Taylor, Los Angeles.

Plaintiff’s Medical Expert(s):
Sylvain Palmer, M.D., neurosurgery, Mission Viejo.

Michael Gold, M.D., neurology.

David Patterson, M.D., physiatry, Pomona.

Judy Ho, Ph.D., neuropsychology.
Defendant's Medical Expert(s):
Lawrence Shuer, M.D., neurosurgery, Stanford.

Andrew Woo, M.D., neurology, Santa Monica.

Suzy Kim, M.D., physiatry.

Kyle Boone, Ph.D., neuropsychology, Torrance.
Plaintiff's Technical Expert(s):
David Fractor, Ph.D., economics.

Anne Barnes, RN, life care planning.

Enrique Vega, vocational rehabilitation.

Facts and Background:
Plaintiff went in for a revision lumbar microdiscectomy. While patient was under general anesthesia, her C5-C6 became herniated. Defendant surgeon did not perform decompression for almost four days.
Plaintiff's Contentions:
That defendant surgeon violated the standard of care by not performing decompression surgery on plaintiff's cervical spine within 24 hours, resulting in significant residuals.
Defendant's Contentions:
That the requirement to operate was not emergent, so the delay was acceptable; that it would have made no difference if she was operated on sooner (causation); that much of the injury was pre-existing due to a prior lumbar condition, and that plaintiff was fabricating her symptoms for attention and acceptance.

Defendant made no offers.