$450,000 Settlement in Medical Negligence Case Secured by Attorneys Jim McPhedran and Craig Brown
Meyers & Flowers attorneys Jim McPhedran and Craig Brown recently secured a $450,000 settlement for a Central Illinois man injured in a medical negligence case.
Months of unnecessary pain due to misdiagnoses
In March 2017, Plaintiff George* visited one of his medical teams he had been treating with for many years due to an autoimmune disease for physical weakness in his right calf and feeling generally weak overall. George had also been treating independently with another team regarding a cancer condition that was then in remission. During this March 2017 visit, George’s medical team recommended an MRI to better evaluate the potential causes of George’s symptoms, which George underwent.
The radiologist who performed George’s MRI noted, amongst other findings regarding the spinal cord that “this might well represent a primary vascular lesion such as arteriovenous fistula”. The radiologist recommended the medical team should have George consult a neurosurgeon for appropriate evaluation and potential treatment. However, the medical team that recommended the MRI continued to treat George for his autoimmune condition, and recommended other consults, but not one in regard to a neurosurgeon, nor was George and his family advised of the specific findings of the MRI.
During the spring, summer and fall of 2017, George’s health continued to deteriorate eventually causing him to be reliant on a wheelchair and developing bowel and bladder issues. A second MRI was ordered in December of 2017.
Following that MRI, which again raised concerns for a primary vascular lesion such as an arteriovenous fistula, not only was George referred to a neurosurgeon, but George also learned of the same result and recommendation being shown on the March 2017 MRI. George underwent surgery shortly thereafter and spent many months in rehabilitation from the surgery but was never able to return to his pre-March 2017 ability to ambulate. Within several years, George’s underlying unrelated cancer also unfortunately returned.
Justice for avoidable suffering
Meyers & Flowers filed suit against George’s medical team including a hospital, physician, and an advanced practice nurse, alleging the medical team was negligent insofar as failing to recognize the significance of George’s condition, failure to advise George of his first MRI results and failed to make a timely referral to a neurosurgeon.
Defense arguments included that even if the diagnosis had been made sooner that the treatment would have been the same, and there would be no guarantee that the eventual result would be different, and also that many of the symptoms that George continued to exhibit long term related to ambulation, bowel and bladder were allegedly related to the underlying cancer and/or autoimmune condition.
Attorneys Jim McPhedran and Craig Brown diligently argued George’s delayed diagnosis affected the treatment and subsequent recovery and certain of his symptoms including not being able to get back to full ambulation and having bowel and bladder issues. Further, Attorney McPhedran and Brown had to argue that despite both George’s pre-existing autoimmune disease and the returning cancer, that the functional limitations and suffering George experienced were directly linked to his medical team’s negligence. A just settlement was negotiated.
“[The Meyers & Flowers team] treated us great the whole time…[we] appreciate all of the time taken with dad’s case,” said George’s daughter. “Jim did wonderful and took the time needed to resolve the case.” Meyers & Flowers is honored and humbled to have secured a $450,000 settlement for George and his family. Meyers & Flowers has earned a reputation of relentlessly pursuing justice for people who have been harmed by those they should be able to trust the most.
If you or a loved one have experienced negligent medical care, we want to hear from you. Call Meyers & Flowers at 630-576-9696 or Meyers, Flowers, Bruno, McPhedran and Herrmann, LLC at 815-223-0230 for your free, no obligation case evaluation.
*Client’s name has been changed to privacy and confidentiality purposes.