In June 2002, the patient’s family physician ordered a spinal tap. A diagnosis of coccidioidomycosis (“valley fever meningitis”) was made. The man was treated and discharged from the hospital.
In July, he was readmitted, then transferred to another hospital, where he was treated until November. He then received home health care visits until June 2003, when a brain shunt was inserted to treat hydrocephalus. Later that year, the man had a recurrence of severe headaches. These were attributed to shunt malfunction, which necessitated insertion of a new shunt.
The plaintiff claimed that he had sustained extensive and debilitating neurologic injuries and brain damage. He has right-side facial paralysis, vision problems that require an eye patch, and vestibular dysfunction. He is unable to grip items and requires several prescription medications.
According to a published report, the plaintiff’s insurer, the family physician, and the hospitals involved settled prior to trial for confidential amounts. At trial, the plaintiff alleged negligence in his having been seen by a PA instead of a physician, in the PA’s failure to consult with his supervising physician, and in his failure to order proper testing or to obtain consultations.
The remaining defendants argued that the plaintiff was instructed to return for follow-up in order for a treatment plan to be formulated. The defendants also claimed that the plaintiff’s insurer denied authorization for testing and the plaintiff declined to self-pay. The defendants argued that if the plaintiff had followed up, abnormal findings on his subsequent examination would have prompted additional testing. The defendants also claimed that even if the patient’s condition had been diagnosed in March or April 2002, he still would have developed hydrocephalus and required a shunt.
A defense verdict was returned for the remaining defendants.
Renal Failure After Histoplasmosis Is Misdiagnosed
Eight years after undergoing transplantation with one of her father’s kidneys, a 29-year-old woman in relatively good health developed a mass in her right armpit. Her nephrologist (also her primary care provider) prescribed antibiotics in October 2001.
In November, when the lesion had not improved, the patient was referred to a surgeon, who removed the mass and sent it to the defendant pathologist for evaluation. The pathologist made a diagnosis of hidradenitis suppurative, an inflammation of the sweat glands.
The patient’s condition worsened. In January, she was admitted to the ICU, where she was diagnosed with histoplasmosis. Systemic complications, combined with the effects of the medications she needed, caused her kidney to fail. She recovered from histoplasmosis, but in April 2002, she needed to begin dialysis. By December, she was strong enough to undergo a second kidney transplant; this time, her mother was the donor. Complications arose, however, which resulted in the patient’s death in March 2003.
The plaintiff alleged negligence in the pathologist’s failure to diagnose histoplasmosis in a timely fashion. The defendant pathologist maintained that the tissue samples did not require him to conduct special stains to look for histoplasmosis. He also claimed that the decedent was already in renal failure and that the first transplanted kidney would have failed in any event.
According to a published report, a $5,924,141 verdict was returned, after which the parties involved reached a confidential settlement.