$4 Million Settlement for Failure To Diagnose Epidural Abscess
2025 Medical Malpractice Settlement Report
By Robert M. Higgins, attorney for the plaintiff
ER patient waits 41 hours to receive MRI that was deemed emergent, undiagnosed abscess leads to paralysis
Case summary
On 1/25/18, at or around 4:18 a.m., the plaintiff arrived at the emergency department via ambulance, complaining of new onset of severe 10/10 neck and back pain. She also complained of fever, chills, body aches, headaches, numbness, nausea and vomiting. The plaintiff also reported a history of IV drug use.
By 7:30 a.m., the emergency room physician recognized the concern for a spinal epidural abscess and ordered an emergent thoracic MRI. She noted that her pain and history of IV drug use made spinal epidural abscess their main concern. The plaintiff remained in the ER area waiting for her MRI the entire day. It was midnight when she was brought to the MRI scanner. However, she was not properly medicated for her back pain, and she was unable to lie flat for the scan. She was then scheduled to have her MRI at 12:00 a.m. the following night. In total, the plaintiff waited 41 hours to receive an MRI that was deemed emergent.
At 11:30 p.m. on 1/27/18, the plaintiff reported that she could not move her legs, she became incontinent of urine and all she felt was numbness and tingling. She was brought emergently to the MRI where it was confirmed that she had an abscess that was compressing her spinal cord. She was given targeted antibiotics and brought to surgery to drain the abscess. Unfortunately, her paralysis remained after the surgery, and she continues to need the use of wheelchair.
The plaintiff retained several experts who reviewed her medical records and opined that when she presented to the ED on 1/25/18 with her symptoms and history of IV drug use her condition was emergent and she needed a STAT MRI. They were also critical of the failure to properly medicate the plaintiff so she could lie flat in the MRI scanner when it was attempted. It was their opinion that the abscess was present at that time and would have been treated on 1/25. If that had occurred, she would not have suffered paralysis.
The case settled shortly after mediation for $4,000,000.
Lubin & Meyer attorneys Robert M. Higgins and Andrew C. Meyer, Jr. represented the plaintiff in this lawsuit.
Questions about a possible medical malpractice lawsuit?
Our medical malpractice attorneys are experienced in all types of medical errors and failure to diagnsose lawsuits representing individuals and families in Massachusetts, New Hampshire and Rhode Island.
Contact Us - There is no fee or cost to you to have your case evaluated by our medical malpractice legal team. Call 617-720-4447 to request a free case review today.
Lubin & Meyer PC - New England’s Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements - medical malpractice case archive