On Jan 11, 2008, plaintiff Thomas Colombrito, 37, a construction superintendent, was admitted to a Dallas-area hospital for headache and neck pain. He was treated by attending hospitalist Dr. Sireesha Janga. Janga gave him aspirin and Lovenox and recommended a lumbar puncture (spinal tap) to determine if he had spinal meningitis. The procedure was performed by a neurologist on Jan. 12. Colombrito developed a hematoma at the puncture site, which compressed his spinal cord, causing paralysis from the waist down. On the night of Jan. 13, hospitalist Dr. Richard Torres came on duty and supervised Colombrito’s care until the morning of Jan. 14. The Lovenox was discontinued on Jan. 13 and the aspirin was discontinued on Jan. 14. After Janga’s return on Jan. 14, Colombrito was transferred to another facility for emergency surgical decompression of the spinal cord, but it was not successful. Colombrito sustained permanent paralysis.
Colombrito sued Janga and Torres for medical malpractice. He claimed that the presence of the anticoagulants Lovenox and aspirin in his blood caused the hematoma, and Janga failed to discontinue the drugs before the spinal tap. Colombrito claimed that Torres failed to follow up on an MRI ordered before he came on duty, delaying his treatment. Colombrito claimed that both doctors failed to transfer Colombrito for the decompression surgery in a timely manner, causing the paralysis to become permanent.
Janga and Torres argued that the neurologist who performed the procedure bore primary responsibility for the injury, and denied failing to transfer Colombrito in a timely manner. Torres maintained that he never examined or spoke to Colombrito during his time on duty.
The neurologist and the hospital were originally named in the suit but they settled before trial for confidential amounts.
Colombrito sustained permanent paralysis from the waist down with some retention of feeling. He developed decubitus ulcers, urinary tract infections, pneumonia and osteomyelitis. He also fractured his ankle when he fell out of bed. He claimed he experiences constant pain. He claimed that his impairment and pain prevent him from resuming any kind of gainful employment. The plaintiff’s experts estimated his future lifetime medical expenses to be $11,354,851 and his future lost income to be $946,290. He was seeking an unspecified amount for past and future pain and suffering, physical impairment, disfigurement, medical expenses and lost income. Wife Phorsha Colombrito sought an unspecified amount for past and future loss of consortium.
The defense experts maintained that Colombrito’s future medical expenses and lost income would be less than half the amount claimed by plaintiff’s experts.
The jury found Janga 51 percent liable and Torres 4 percent liable. The neurologist was found 33 percent liable and the hospital was found 12 percent liable. The jury awarded $22,568,702.06, which was reduced to $12,412,786.13.
Phorsha Colombrito
$1,199 Personal Injury: Past Loss Of Consortium
$500,000 Personal Injury: Future Loss Of Consortium
Thomas Colombrito
$306,158 Personal Injury: Past Medical Cost
$11,354,851 Personal Injury: Future Medical Cost
$111,143 Personal Injury: Past Physical Impairment
$2,299,062 Personal Injury: Future Physical Impairment
$946,290 Personal Injury: FutureLostEarningsCapability
$1,000,000 Personal Injury: Past Pain And Suffering
$5,000,000 Personal Injury: Future Pain And Suffering
$50,000 Personal Injury: Past Disfigurement
$1,000,000 Personal Injury: Future Disfigurement