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New York Personal Injury Attorneys

SPBMCC Attorneys Wilkens and Montesano Successfully Recover $990,000 in Medical Negligence Case

November 14, 2022 in ,

James Wilkens, Esq., obtained a settlement totaling $990,000 following a physician’s negligence in prescribing Levofloxacin which caused bilateral Achilles tendon ruptures.

66-Year Old Man Without History of Needing Ambulatory Assistance Left in Walker 

The plaintiff was an active, 66-year-old retired man who had no trouble walking and did not need any assistive devices to ambulate prior to the malpractice. The plaintiff did have a past medical history of sarcoidosis for which he was treated with long-term corticosteroid therapy. 

Continued Use of Levofloxacin Against Patient’s Medical History Leads to Achilles Tendon Ruptures

In December 2018, the plaintiff telephoned his primary care doctor with common cold symptoms of cough, weakness, and achiness on a Friday morning. His long-time primary care physician prescribed Levofloxacin and gave the plaintiff an appointment for the following Monday. At this visit, the physician, or defendant, noted that the plaintiff presented with “no respiratory abnormalities” and that his cold symptoms were improved. A chest X-ray was performed and it was negative for pneumonia. Yet, despite all this, the defendant extended the plaintiff’s prescription of Levofloxacin for two additional days. 

The plaintiff complied with his physician’s instructions and continued taking the antibiotics as prescribed until several days later when he awoke with severe and excruciating pain at both ankles and burning pain at his heels. 

The plaintiff telephoned his physician who informed him to stop taking the Levofloxacin immediately. Due to a concern for Achilles tendon ruptures. The physician then ordered bilateral MRIs of the ankles which revealed bilateral Achilles tendon partial tears. The plaintiff could no longer ambulate independently and required a rolling walker.

Due to being increasingly immobile, the plaintiff developed a deep venous thrombosis in his right calf, which required blood thinners for six months. Additionally, within a month of suffering the partial tears, his legs and ankles could not support him and he fell, resulting in complete bilateral ruptures of the Achilles tendons. 

Unfortunately, the plaintiff was not a surgical candidate to remedy his injury because of how badly torn the Achilles tendons were and his need to remain on blood thinners.

Attorney James Wilkens Obtains $990,000 Settlement For Plaintiff’s Injuries

Attorney James Wilkens and Partner Elizabeth Montesano successfully argued that the plaintiff’s tears of both tendons of the ankles were directly the result of the Levofloxacin, which according to plaintiff’s expert physicians should not have been prescribed because of the increased risk of spontaneous ruptures due to the plaintiff’s age and long-term corticosteroid therapy. 

Levofloxacin, also known as Levaquin, is an antibiotic medication that belongs to a class of drugs called fluoroquinolones, which pose severe adverse reactions including tendinitis, tendon rupture, and peripheral neuropathy. Prior to December 2018, the U.S. The Food and Drug Administration announced an enhanced black box warning for these antibiotics because of serious side effects. The risks of tendinitis, tendon rupture, and peripheral neuropathy are even greater in patients who are over the age of 60 and taking corticosteroid drugs. Therefore, these medications should not be prescribed for these particular patients unless there is no other treatment option and only after a very careful evaluation of the patient.  

Despite lengthy and ongoing conservative treatment, including Cam walker boots, physical therapy, medication management, and the use of a walker, the plaintiff remained in debilitating pain and continues to require the use of a walker or cane to move around. 

On the date scheduled for jury selection, this matter was settled for $990,000.

Learn More About James Wilkens and Elizabeth Montesano

James Wilkens, a member of the firm, is a vigorous advocate on behalf of people injured due to medical malpractice. His legal skills and experience have helped his clients achieve successful settlements in all types of medical malpractice cases. To learn more about firm attorney James Wilkens, click here

Elizabeth Montesano, a member of the firm, is a vigorous advocate on behalf of people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delay in diagnosis of cancer, surgical and cardiac cases. To learn more about firm Partner Elizabeth Montesano, click here. 

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