In November 1998, plaintiff Judy Spiegelman, 60s, went to the emergency room at Victory Memorial Hospital in Waukegan and was admitted by Dr. Murray Keene. She complained of fever, double vision, a headache and neck pain. Additionally she exhibited an ear infection with purulent drainage, and left side facial palsy. Keene diagnosed her with sinusitis, Bell’s palsy and ottis media. Keene attempted to discharge her, but she refused because she was experiencing balance problems. Over the next four hours, her condition worsened as she grew nauseous, had trouble walking and experienced a rise in body temperature. She progressed into a coma, at which time she was diagnosed with bacterial meningitis. Spiegelman was admitted into the hospital by Dr. Murray Keene.Spiegelman sued Keene and Victory Memorial for medical malpractice, claiming failure to timely diagnose her meningitis.Plaintiff’s counsel contended that Spiegleman’s case should have been properly diagnosed. A radiologist who treated the plaintiff told Keene that he witnessed no evidence of a stroke, but Spiegelman had the worst case of pansinusitus and mastoiditis that he had ever seen. Keen should have known that Spiegelman was at risk for spread of head infection to the meninges and brain. Instead Keene never followed up on CT results. Plaintiff’s counsel argued that Spiegelman’s double vision and sinus congestion should have given Keene cause to examine whether she suffered from meningitis.
Defense counsel contended that it was reasonable not to diagnose the meningitis. Spiegelman presented with unique symptoms that were not typical of a meningitis case. Based on her balance and dizziness problems, it was reasonable for the plaintiff to be diagnosed with a stroke. Spiegelman did not have a stiff neck, one of the common symptoms of meningitis.
Defense counsel also contended that Spiegelman may have suffered a stroke, which caused her injuries. Even if diagnosed with meningitis promptly, she still would have been injured, according defense counsel.
Spiegelman now lives in a nursing home, as she is unable to care for herself. She has a speech impediment, and often suffers from memory problems. She has trouble with daily activities such as dressing and eating. Spiegelman also suffers from left facial paralysis, and is confined to a wheel chair. Plaintiff’s counsel presented several life care plans, ranging from $2 million to $4.5 million. According to plaintiff’s counsel, with progressive therapy there is some hope for improvement in Spiegelman’s condition.
The jury returned a verdict for the plaintiff, and awarded Spiegelman $11.1 million.