New York Malpractice Lawsuit Results in $19.2M Verdict for Causing Paralysis

A hospital’s failure to diagnose an infection that led to a patient becoming paralyzed has resulted in a $19.2 million verdict in a New York malpractice lawsuit.

A Bronx jury ruled in favor of plaintiff Wilfredo Figueroa last month in a lawsuit filed against Montefiore Medical Center, finding that the hospital’s failure to diagnose a spinal abscess eventually resulted in the plaintiff becoming paralyzed from the chest down.

According to a report by the New York Daily News, Figueroa was admitted to the hospital on September 22, 2004, complaining of severe back pain. The failure to diagnose lawsuit alleged that the hospital failed to perform an MRI or CAT scan until two weeks later. By that time, an infection on the spinal cord, known as a spinal abscess, resulted in permanent paralysis and attempts by a neurosurgeon to reverse the damage failed.

The lawsuit sought damages both for medical costs, loss of income, and to compensate Figueroa for having to move into a nursing home away from his wife, Neida. The couple’s home is ill-equipped for Figueroa’s wheelchair needs, and they could not afford to modify it. Figueroa has said that part of the money from the verdict will allow them to modify their home so that he can return home.

Figueroa is the son of Latin jazz musician Wilfredo Figueroa Jr. and a former radiology technician. He has recovered the ability to use his arms, which were originally paralyzed as well, but experts say he will never recover the use of his legs.