$1 Million New Jersey recovery for cervical spine cord damage

March, 2003

A 46 year old truck driver was injured lifting a heavy load, and complained of pain in his neck, shoulder and back. Despite a concern of possible compression of the spinal cord and myelopathy (degeneration of the spinal cord as a result of pressure), the defendant orthopedic surgeon only examined the patient’s shoulder and upper extremities, but not his lower extremities for signs of weakness and reflex changes, which would be expected in the event of spinal cord compression at the cervical level. However, an MRI did reveal a large, herniated disc compressing the spinal cord at that level. Apparently, the orthopedic surgeon focused his attention on problems with his patient’s shoulder and failed to diagnose or follow-up on the much more serious spinal cord problem.

The patient tried to continue his work as a truck driver, but later returned to his family doctor, who sent him to a neurologist who made the correct diagnosis of a now-advanced cervical cord myelopathy. A neurosurgeon performed urgent decompression surgery, which was unsuccessful due to the delay in diagnosis and plaintiff has been unable to return to his employment.

Feldman Shepherd lawyer Carol Nelson Shepherd brought a lawsuit on behalf of the patient against the orthopedic surgeon who had failed to make a timely and accurate diagnosis of the condition which was causing the patient’s weakness. Following extensive discovery, the case, which had been brought in New Jersey state court, was settled for $1 million. The identity of the parties remains confidential by agreement.