Imagine walking into a hospital for neck pain, and not walking out. Instead, your body has lost movement in both your upper and lower extremities. This nightmare became a reality for Francisco Contreras.
Contreras initially hurt his neck while working at a Walgreen’s store, when he was moving a printer from a shelf. The pain persisted for at least a year, including shooting pain down his arms. Approximately, a year after the initial injury, June 14, 2006, Contreras had cervical disk surgery at Thorek Memorial Hospital. Contreras was initially able to move his extremities, both upper and lower after the surgery. Within the hour though, Contreras’ condition had worsened and their were signs that he was losing motor functions. The loss of movement started in his legs and moved to his arms within seven hours after surgery. No one passed along the information that Contreras could not move his legs from June 14 at 11:45 a.m. til June 15 at 11:00 p.m.
There was a build up of blood on his spinal cord that had gone undiagnosed, despite Contreras having lost feeling in his extremities. When discovered, the neurosurgeon rushed him into surgery, but it was too late, and Contreras became a permanent quadriplegic. The lawsuit that ensued, Francisco Contreras and Sandra Contreras v. Thorek Memorial Hospital et al, resulted in a $18.75 million dollar settlement. Plaintiffs alleged that Francisco Contreras’ quadriplegia could have been avoided, if it had been communicated to the neurosurgeon earlier. Two different nurses noticed that he could not move his legs, but never verbally told the operating neurosurgeon or the anesthesiologist who was in the room at the time it was noted. The anesthesiologist discharged him to the ICU, even though it was noted Contreras couldn’t moved his legs. Again, he was seen by two nurses who both noticed Contreras couldn’t move his legs and was beginning to lose feeling in his arms, but neither advised a physician. Clearly, there was a continuous chain of non-communication
In this settlement, the hospital contributed $18 million dollars and Holistic Nursing, Inc, which employed an agency nurse, contributed $750,000.00. This settlement provides for the acquisition of various annuities to try to take of Contreras’ future needs.
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