Pennsylvania State Jury Awards $ 997,500 In Medical Malpractice Action For Delayed Diagnosis Of Spinal Infection Following Back Surgery
On Oct. 14, 2011, plaintiff Timothy Ahern underwent back surgery to repair a herniated disc. After 12 days, he complained of an increase in pain and was admitted to Mount Nittany Medical Center. Defendant Evan Bell, M.D., an infectious disease specialist, was consulted but told plaintiff that infection was unlikely despite the fact that he had an elevated white blood cell count and blood cultures which grew staphylococcus lugdunensis. Plaintiff was discharged but continued to experience discomfort. Another MRI was later performed on Jan. 26, 2012, the results of which showed that plaintiff had staphylococcus lugdunensis. Plaintiff claimed that due to the delay in diagnosis, he had to undergo long periods of disability, extreme pain, and intravenous antibiotics, plus an additional surgery.
Mr Ahern and his wife, plaintiff Jennifer Ahern, filed a medical malpractice action against Dr. Bell, Mount Nittany Medical Center, and related entities in the Court of Common Please of Centre County, PA. The action proceeded to a jury trial before Judge Katherine Oliver. On Sept. 16, 2016, the jury returned a verdict awarding plaintiffs $ 997,500, including $ 200,000 in past lost earnings, $ 35,000 in past noneconomic damages, $ 450,000 in future lost earnings, $ 300,000 in future noneconomic damages, and $ 12,500 for loss of consortium.
Plaintiffs were represented by David J. Foster and Leslie Fields of Costopoulos, Foster, & Fields. Defendants were represented by John L. McIntyre of McIntyre, Hartye, & Schmitt.
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