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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
11/1/1993 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Retained Sponge -- Infection |
Result: |
$150,000 |
Case Name: |
Prafke v. Alvarado Hospital Medical Center,
et al. |
Facts: |
Phyllis
Prafke, a 38-year-old physical therapist,
underwent a re-exploration of a laminectomy
site and decompression of the S1 and L5 nerve
roots on August 30, 1991. The surgery was
performed by defendant Albert W. Lizarraras,
M.D. at defendant Alvarado Hospital.
Within two days of the surgery, plaintiff
developed obvious indications of an infection,
including an increased temperature. By the
sixth post-operative day, she had a temperature
of 101.4 and a hematoma at the surgical site.
I.V. antiobiotics were started and it was
determined that she had an infected hematoma.
She was also complaining of flu-like symptoms.
The sutures were removed and the hematoma
was evacuated.
Dr. Lizarraras called in an infectious disease consultant as the plaintiff continued to have significant symptoms despite high doses of I.V. antibiotics. She remained in the hospital for a period of more than one month until her discharge on October 2, 1991. It had originally been anticipated that she would be in the hospital for five days.
The plaintiff was discharged to her home and remained there between October 2, 1991, and October 18, 1991. She was immediately started on a program of I.V. antibiotics and also had nurses from defendant Back Country Health Care coming to her home every other day to clean the wound site and change the dressing.
The plaintiff was never well during the entire time she was home. From the time she left the hospital, the wound site was draining. The drainage increased over time and began to develop a foul odor. In addition, plaintiff was nauseous, running a temperature, had headaches, fatigue and other obvious indications of a continuing infection. She reported these symptoms to both the nurses from Back Country Home Health Care and directly to Dr. Lizarraras's office. She continued to be told by Dr. Lizarraras to "be patient." Eventually a culture was done which revealed an infection process.
The plaintiff was then seen at Grossmont Hospital on October 18, 1991, where she underwent a series of hyperbaric oxygen treatments. On October 22, 1991, Dr. Lizarraras performed a debridement and re-exploration of the wound site and found, according to his operative note, an "old and obviously infected Raytex sponge." Once the foreign object was removed, the plaintiff's infection slowly resolved.
It took several months for the wound to heal. Plaintiff continued to have problems with fatigue in that she lost 20 pounds during this time and also continued to have problems with elevated blood pressure which came on during the course of the infection. She was not cleared to return to work until almost a year later, in September of 1992.
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| Injury/Injuries: |
Plaintiff
had significant pre-existing problems with
her back. She had several prior back surgeries
and had filed two previous workers' compensation
claims.
As a result
of the retained sponge and ensuing infection,
plaintiff spent approximately 2-1/2 months
in Alvarado Hospital.
Past medicals: $125,000 paid by workers' comp.
Past lost income: $15,000
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| Contentions: |
Plaintiff contended that Defendants Lizarraras and Alvarado Hospital were negligent in leaving behind a sponge following the original surgery.
Dr. Lizarraras did not believe the sponge could have been retained at the time of the surgery. He believed it must have been placed by the Back Country Home Health Care nurses.
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| Special Notes: |
The case
settled for $125,000. Defendants Alvarado
Hospital and Dr. Lizarraras submitted
to binding arbitration. The arbitrators
found the hospital 60% responsible and
Dr. Lizarraras 40% responsible.
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