Permanent neck injury, risk of paralysis after treatment delay — $1.5M settlement

Type of action: Personal injury, negligence

Injuries alleged: Misdiagnosed atlantoaxial rotary displacement, leading to solid instrumented fusion from the base of the skull to C3l which resulted in permanent limited range of motion of the neck and danger of possible paralysis from any head/neck trauma

Tried before: Mediation

Date resolved: 7/21/2022

Special damages: $406,250 in past medical expenses

Verdict or settlement: Settlement

Amount: $1,500,000

Attorneys for plaintiff (and city): James “Jim” W. Haskins and Scott C. Wall, Martinsville; Anthony M. “Tony” Russell, Roanoke

Description of case: The patient was involved in a high impact motor vehicle collision. The patient was transported to a medical institution for treatment, at which the patient was diagnosed with a closed displaced fracture of the shaft of the right clavicle and discharged home for outpatient follow-up.

Thereafter, the patient followed up as an outpatient with providers for ongoing problems including painful/stiff neck, headaches and limited range of motion of the neck. No imaging was performed. The patient was diagnosed with and treated for acquired torticollis secondary to the motor vehicle collision.

The patient’s problems continued and worsened, after which the patient sought a second opinion at another medical institution, where the patient was immediately diagnosed with atlantoaxial rotary displacement. Atlantoaxial rotatory displacement is a condition in which the first and second vertebrae of the cervical spine become interlocked in a rotated position. This condition can result in serious consequences and thus have a significant impact on patients when diagnosis and treatment are delayed.

The patient went to another medical institution closer to home for treatment. Initial conservative care was attempted but due to the long period of time that the atlantoaxial rotary displacement was not diagnosed and treated, the patient required a solid instrumented fusion from the base of the skull to C3.

The patient had as good an outcome as possible from the surgery, but the patient is at danger of paralysis from any type of neck/head injury (so the patient is unable to participate in activities that could cause such an injury, including sports) and the patient has some permanent limited range of motion of the neck.

Pre-suit mediation with a mediator was unsuccessful, after which litigation was initiated. During the course of litigation, the parties entered into direct settlement negotiations that led to settlement before any discovery, other than written discovery, was conducted.

Anthony M. “Tony” Russell, plaintiff’s counsel, provided case information. [022-T-128]