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 SurgeonRoe Orthopedic Surgeon's Spinal Center
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,728,016
- Net Verdict or Award: $2,149,016
- 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
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.
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.
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.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Demands and Offers
- Plaintiff §998 Demand: $1,000,000