Abscess

Duffy & Duffy Secures $19.2 Million Verdict in Paraplegia Case

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On behalf of 53-year old plaintiff Willfredo Figueroa, Duffy & Duffy proved a delay in diagnosis and treatment of a spinal abscess resulting in paraplegia. The plaintiff is now confined to a residential facility and were it not for the verdict, would have remained there for his life.

"Due to individual and institutional failures on many levels to properly identify and rule out specific diagnoses based on various symptoms -- a process known as differential diagnosis -- our client fell through the system's cracks and suffered the devastating effects of paraplegia," said James Wilkens, trial counsel for Duffy & Duffy. "An award of this magnitude is certainly necessary to compensate him for the losses, costs, and other burdens our client and his loved ones are forced to endure the rest of their lives. If anything, elements of it were too low."

Mr. Figueroa suffered a compressive injury damaging nerve cells in the spinal cord, after doctors failed to promptly diagnose and treat a spinal abscess. On September 22, 2004, Mr. Figueroa first presented to Montefiore Medical Center. Duffy & Duffy proved that there was a failure by the defendants to conduct and examine appropriate imaging studies including computed tomography (CT) scans and magnetic resonance imaging (MRI) reports. Duffy & Duffy uncovered early progress notes stating that he might have spinal injuries but the defendants did not conduct the required tests or notify appropriate experts such as a neurosurgeon.

The appropriate tests were ultimately administered on October 4, 2004. During the lengthy delay, Duffy & Duffy showed clinical evidence of signs, symptoms and complaints indicating problems that included the cervical spine. The delay in diagnosis and treatment of the spinal abscess resulted in paraplegia.

The verdict was awarded after Mr. Wilkens adeptly communicated the victim's medical needs for the remainder of his life, properly conveyed the notion of earnings lost now and in the future, and clearly articulated the pain and suffering that the victim, his wife and children will suffer.

Keywords: Abscess, Differential Diagnosis, Paralysis, Paraplegia, Duffy & Duffy.

This article was prepared by Life Science Weekly editors from staff and other reports. Copyright 2009, Life Science Weekly via NewsRx.com.