$925,000 Settlement Secured for Man Following Failure to Diagnose Serious Postoperative Infection

Sullivan Papain secured a $925,000 settlement on behalf of a 64-year-old man who suffered life-threatening complications after healthcare providers allegedly failed to properly evaluate and treat clear signs of a serious postoperative infection following cervical spine surgery.

The plaintiff underwent cervical spine surgery in October 2020 and was discharged shortly afterward. Within days of returning home, he began experiencing concerning symptoms, including drainage from his surgical incision and difficulty swallowing. While attempting to obtain follow-up care, his surgical incision ruptured and bled through his clothing. Despite presenting to his surgeon’s office with these alarming symptoms, his condition was not thoroughly evaluated. Instead, the wound was simply rebandaged, and he was sent home without additional testing or treatment.

Over the next several days, the plaintiff’s condition rapidly deteriorated. His pain became increasingly severe, and he developed significant respiratory distress, ultimately requiring emergency hospitalization. Medical providers determined that he had developed a large postoperative abscess that was compressing his airway, creating a life-threatening emergency. He underwent urgent surgery to treat the infection and relieve the pressure on his airway.

The delay in diagnosing and treating the postoperative infection resulted in devastating complications. The plaintiff developed sepsis, multiple organ failure, and chronic kidney disease. His condition became so critical that he required both a tracheostomy and a feeding tube to sustain his breathing and nutrition. He also remained in a coma for 72 days before beginning a lengthy and challenging recovery process that included extensive inpatient rehabilitation.

Although he survived, the effects of the delayed diagnosis continue to impact nearly every aspect of his daily life. He experiences chronic neck pain, ongoing physical limitations, and reduced mobility that prevent him from participating in many of the activities he once enjoyed. Perhaps most significantly, his injuries have affected his ability to remain active with his son, resulting in a lasting loss of quality of life.

Medical malpractice cases involving delayed diagnosis of postoperative complications often depend on demonstrating that warning signs were present and should have prompted immediate evaluation and intervention. Prompt recognition and treatment of surgical infections are essential to preventing serious complications such as sepsis, organ damage, and permanent disability.

This case was resolved for $925,000 while on the trial calendar by Samantha Menicucci.

Learn More About Associate Samantha Menicucci

Samantha has handled a diverse array of medical malpractice cases, with a particular focus on nursing home negligence. This specialization includes cases involving: bedsores and pressure ulcers, falls due to inadequate supervision, medication errors, malnutrition and dehydration, and wrongful death.

Read more here.