Epidural hematoma develops after knee replacement surgery – $1,150,000 Settlement

The plaintiff, a 60-year-old Vietnam veteran, underwent total knee replacement at the McGuire Veterans Administration Hospital on April 16, 2009. An epidural catheter was placed for post-operative pain control. The patient was also placed on deep vein thrombosis prophylaxis.

On the morning of the fourth post-operative day, the epidural catheter was removed. Shortly thereafter, the patient’s physical therapist noted on two occasions that the patient had no sensation or motor function in his lower extremities. The patient’s deficit was reported to the nursing staff and to the department of orthopedic surgery. The patient was not re-assessed until the following morning, at which point he still had an absence of sensation and motor function below the waist.

MRI eventually revealed a large epidural hematoma, which was evacuated surgically over 24 hours after the first reported symptoms. The patient eventually recovered some sensation and movement in one leg, but will be a functional paraplegic for life.

The case was defended primarily on causation. The lack of documentation regarding the timing of the onset of neurological deficit made it difficult to determine the likelihood of return of function. Although experts agree that it an epidural hematoma is a surgical emergency, it is difficult to quantify precisely what, if any, neurologic function will be restored following decompression.

[11-T-113]

Type of action: Federal Tort Claims Act
Injuries alleged: Paralysis
Name of case: Vass v. United States
Court: U.S. District Court, Richmond
Case No.: 3:10-CV-00637
Date: May 17, 2011
Verdict or settlement: Settlement
Amount: $1,150,000
Attorney for plaintiff: Jonathan M. Petty, Richmond
Attorneys for defendant: Debra Prillaman and Jonathan Hambrick, Richmond