Medical Malpractice

$2.75 Million Malpractice Settlement for Injury Stemming From Epidural

A man in a suit and tie posing for a photo.Peter Chamas recovered $2.75 million for a school teacher who suffered a stroke following a failed epidural.

Ms. S went to the Hospital for a scheduled labor induction. During her hospital stay, she received an epidural in her spine that initially went wrong. The first attempt to place the epidural resulted in a puncture to her dura, which caused her spinal fluid to leak. According to her attorney, Peter Chamas, a founding partner with Gill & Chamas in Woodbridge, NJ, this kind of puncture issue is called a “wet tap” and is an accepted risk associated with the procedure.

However, a second attempt to place the epidural was successful, and Ms. S gave birth to her son the same day. She suffered from a severe headache the next day, which was diagnosed as a post-dural puncture headache. Her doctors then attempted a blood patch, a procedure designed to correct a hole in the dura. Even though she still had a headache, she was released from the hospital, but she went to the emergency room two days later, still in pain.

A few days later, she experienced paralysis on her left side limbs and was diagnosed with a cerebral venous sinus thrombosis, which caused a stroke.

The plaintiff filed her lawsuit against the anesthesiologist, emergency room doctor, physician’s assistant, neurology resident, and her obstetrician/gynecologist. The list of defendants included 10 medical professionals employed by the hospital. She alleged that she was discharged from the hospital without her doctors ordering an additional consultation to determine the cause of her headache. She also alleged that the emergency room personnel failed to recognize the signs that she was experiencing venous sinus thrombosis.

“They asserted that in light of the wet tap, the diagnosis of a post-dural puncture headache was within the standard of care,” Chamas said. Defendants also asserted that the plaintiff suffered a mild stroke and continues to suffer only mild symptoms from the stroke.”

Two weeks before the October 7th trial date, a $2.75 million malpractice settlement was reached between the parties.

 



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