#31 (tie) – $1.1 million « Virginia Lawyers Weekly

#31 (tie) – $1.1 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential

Type of Case: Failure to diagnose occult spina bifida

Attorneys: William E. Artz, Andrew J. Waghorn, Arlington

Summary: Infant was born with an appearance that suggested the possibility of occult spina bifida. A radiologist interpreted an ultrasound as ruling out the possibility.

Although problems in the child’s development over the first year also indicated occult spina bifida, it was not diagnosed until the child developed an abscess at the base of the spinal cord that caused permanent damage to the sacral nerves that control the bowel and bladder.

Plaintiff’s attorneys contended that the infection and incontinence could have been avoided with a proper diagnosis at birth.