A Portland jury awarded $10 million to John Douglas Cox, a longtime Clark County diesel mechanic, who was left partially paralyzed after doctors failed to promptly diagnose and treat a spinal infection that was compressing his spinal cord.
The Jury returned a $10 million verdict, allocating 80% of the fault to Kaiser, which is not the defedant at trial, and 20% to the physicans who treated Cox.
The verdict was secured by Jane Paulson of Paulson Coletti Trial Attorneys PC. “I am proud that the jury recognized what Doug Cox has endured and the consequences of the care he received,” said Ms. Paulson. “This case was about accountability and patient safety. We hope this verdict will help improve how patients with neurological emergencies are treated in emergency rooms, while giving Doug the resources he needs to live the best life possible going forward.”
The case stems from events in December 2021, when the plaintiff, then 62 years old, developed a severe infection related to a recently implanted spinal cord stimulator.
According to evidence presented at trial, one emergency physician recognized that the patient was suffering from acute neurological decline and ordered imaging. However, Ms. Paulson argued that argued that critical delays followed because hospital staff were unable to determine whether the patient’s spinal cord stimulator was MRI- compatible. Rather then escalating the issue or contacting a device representative to confrim compatibility, hospital staff waited for authorization from the patient’s out-of-town physician while Cox remained in the emergency department.
When imaging was eventually performed, it focused on the wrong region of the spine and failed to identify the underlying condtion. The patient was ultimately transferred back to Kaiser, where additional imaging revealed a spinal epidural abscess that was compressing the spinal cord. Surgery was performed more than 27 hours after he arrived at the hospital, by which time the damage had become permanenet.
At the trial, defense attorneys argued that earlier intervention would not necessarily have changed the patient’s outcome.
“This verdict reflects the jury’s recognition that when a patient arrives in the emergenct department with rapidly progressing paralysis, every hour matter,” added Ms. Paulson.
Although the plaintiff can now walk short distances and slowly climb the stairs in his home using handrails, he continues to live with permanent neurological damage and limited mobility.
The case is John Douglas Cox vs Kaiser, et al., Multnomah County Case 23CV40984.
