A Tarrant County jury awarded $9.2 million to an Arlington man who was paralyzed following back surgery.
According to a lawsuit filed against the hospital and the doctor who performed the surgery, the plaintiff was 48 years old when he was admitted to Bianco Brain and Spine Hospital for lumbar surgery. In 2019, the lawsuit was filed in Tarrant County District Court. The civil suit was heard in the 348th Judicial District.
The surgery began at 9:20 a.m. on Oct. 20, 2017, according to the lawsuit. The defendant doctor performed the surgery, while another doctor monitored the plaintiff's neurological activity. According to the lawsuit, the second doctor informed the defendant at least twice during the operation that there were significant changes in the plaintiff's neurological activity. According to the lawsuit, the doctor suggested a wake-up test due to concerns about surgical injury, but the defendant proceeded with the surgery.
The attorney representing the plaintiff said that the doctor chose to ignore those warnings and his patient, as a result, the man who just wanted some relief from suffering, now has to learn to live with an irreversible outcome that was completely preventable. A message was left for the attorney representing the hospital and the doctor was not immediately returned.
The plaintiff awoke from surgery with no feeling in his feet. According to court records, he was previously a machinist and umpire who enjoyed fishing on his boat. He is unable to participate in most of the activities he previously enjoyed due to the surgery.
According to a medical consultation included in court documents, the plaintiff, who is now 51, uses a wheelchair. According to records, he is unable to work as a baseball umpire and has lost significant earnings as a result of his paralysis. To accommodate his disability, he and his family had to renovate their home, purchase medical equipment, and pay for a variety of physical therapy and medical treatments.
On October 25, a jury awarded the plaintiff $1 million for past mental anguish and $2 million for physical impairment. The plaintiff was also awarded compensation for lost wages and the cost of medical equipment by the jury.
Nothing can undo what happened to the plaintiff, according to his attorney, but this will at least provide financial support for his family so that they can focus on his ongoing care. He added that, in the end, this is a case about accountability, and that he hopes it sends a message to surgeons that they cannot gamble with people's lives.
