Michael Boylan LLP secured €2,000,000 in damages for neurological injuries arising from the delayed diagnosis of a haematoma following scoliosis surgery.
Our client underwent surgery for scoliosis, which was successful, and returned to her normal activities, including sailing. She then required revision surgery, which took place in late 2015. The following morning it became clear that she had no feeling from her waist down and could not move her legs. She was taken for emergency MRI and CT, but did not undergo a CT myelogram for three days.
The scans were interpreted as normal. A further opinion was sought and a call was made to return her to theatre for exploratory surgery. During that procedure a large intradural clot was found and decompression was carried out. The clots were evacuated and she regained a little feeling in her legs immediately after surgery.
Following the surgery she remained in hospital for approximately a month and received intensive occupational therapy and physiotherapy. On discharge the furthest she could walk with a physiotherapist, crutches and an orthotic splint on the left ankle was roughly fifteen steps. She was then admitted as an inpatient to a rehabilitation hospital for several weeks of intensive therapy. By discharge she had progressed to sticks and crutches to walk.
She has worked hard at her rehabilitation and can now walk without crutches. However, she needs to wear a left-sided foot-drop splint at all times. Even with the splint, she reports that she still trips and stumbles regularly. Despite her physical difficulties, she is a highly motivated person who seeks to maximise her physical ability and quality of life.
It was our position that, given the severity of the acute neurological complications immediately following surgery, a CT myelogram should have been carried out at that time. An emergency decompression of the haematoma could then have occurred at the latest on the day after the initial surgery, which would have made a very significant difference to her outcome, avoiding almost all of the disability she has at present.
Elements of breach of duty were admitted in the weeks prior to hearing, however causation remained in issue. The action settled at mediation for €2,000,000 plus all legal costs prior to the hearing date.