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What's New > Botched Surgery for Man with Complex Brain Abnormality Causes Quadriplegia: $1.5 Million Dollar Settlement

Brad Zimmerman recently settled a medical malpractice case for a 37-year-old man who was legally blind and suffers from a congenital abnormality known as a Chiari I malformation, where the base of the brain joins the spinal column, causing poor circulation of spinal fluid. His condition had been surgically treated previously without any complications

He had been functional in every aspect of his life, but slowly began developing recurrent headaches and severe facial pain, dizziness, and a slow decrease in motor function. He underwent botched neurosurgery without giving his informed consent and suffered pneumonia, a tracheotomy, and significant neurological dysfunction which left him quadriparetic. His doctors knew that he was legally blind. The only consent form was signed in the holding area of the operating corridor, despite the plaintiff being legally blind and having an IV administered.

This surgery was performed without a complete discussion informing the patient about the potential ensuing complications including excessive length of the operation, development of severe side-effects including the necessity for a tracheotomy, likelihood of infections and development of pneumonia, respiratory distress, difficulty in breathing and swallowing.

The complications following this surgery caused severe dehydration and his placement on a ventilator. He suffered increasingly severe pain and his condition continued to deteriorate. Tubes in his throat and stomach were displaced and improperly inserted.

He suffered acute respiratory deterioration and was placed on several antibiotics. He had excessive accumulations of fluids in his mouth and neck and began to undergo psychotic episodes. He was discharged to a rehabilitation hospital where he continued to have extreme respiratory problems and large mucous and fluid build up and infections around his wounds. Finally, after months of pain and suffering, he returned to the same hospital for an elective surgery to remove the hardware devises from previous surgery which was causing brain compression.

He is currently being treated at a pain management center for his quadriplegic condition, sensory and balance dysfunction as well as chronic pain from his brain stem injury.

Mr. Zimmerman settled his case against the hospital for $1.5 million.

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