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.

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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.

2 Comments

  • JoshuaMay 14, 2011 at 9:13 pm

    my story July 1st of 2008 I Had a muscle pain picking up my ex pregnant girlfriends daughter that was 2 years old and sleeping. I felt a sharp muscle pain. I went to the ER that night and they thought i wanted prescripted drugs. I left with motrin and volume. July 3rd came and walked thru a hallway , heard my ex kids running around. my ex was giving birth to me AND HERs daughter on july 7th. Well [Show More]my story July 1st of 2008 I Had a muscle pain picking up my ex pregnant girlfriends daughter that was 2 years old and sleeping. I felt a sharp muscle pain. I went to the ER that night and they thought i wanted prescripted drugs. I left with motrin and volume. July 3rd came and walked thru a hallway , heard my ex kids running around. my ex was giving birth to me AND HERs daughter on july 7th. Well needless to say i lost feeling from my stomach down. I remember falling asleep and by the time I woke up I saw a nurse. I asked her which room my girlfriend was because of the birth. She responded "your paralyzed and its the tenth, your daughter was born 3 days ago." the paralysis was caused by a Staph infection that wasnt detected the first time I went in the er. It was from popping a pimple in the middle of my chest. Now im paralyzed for life because of it.

  • JoshuaAugust 21, 2009 at 6:41 pm

    I just read an article that had about a woman that went to the er and they thought she wanted prescripted drugs. well as for my story is very similar. on August 31 2008 I went to the er for a back pain that happened by picking up a 3 year old girl. when I went in they thought I as well wanted prescripted drugs. they sent me on my way with volume and motrin. the next two days i was sleepy due to th[Show More]I just read an article that had about a woman that went to the er and they thought she wanted prescripted drugs. well as for my story is very similar. on August 31 2008 I went to the er for a back pain that happened by picking up a 3 year old girl. when I went in they thought I as well wanted prescripted drugs. they sent me on my way with volume and motrin. the next two days i was sleepy due to the volume and on july 3rd i walked in my hallway and collapsed on the floor. my legs gave out and complained i couldent feel my stomach. i was rushed to the same hospital I went in the first time and they rushed me over to another hospital for emergency back pain. at that time my girlfriend was ready to give birth to our daughter on the 7th. after the surgery happened my surgeon yelled at my girlfriend why did you wait! if you brought him a couple of days ago he would be walking! she replied I did you let him go and his whole tone changed. she started to contract a little bit. I woke up on the 8th and thought I was there for the birth of my daughter they said no she was already born and your paralyzed from a staph infection.

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