Jury Awards {Quadriplegic} Sanger Man $23.4 Million

Lubbock, TX, Avalanche-Journal ^ | 11-07-03 | AP

[Theodore R.]

Jury awards Sanger man $23.4 million

DALLAS (AP) — A jury has awarded $31.1 million to a Sanger man who became paralyzed after being discharged from a Dallas hospital's emergency room with a broken neck.

John Edward Millichamp III and his children sued Baylor University Medical Center, an emergency room doctor and a radiologist, saying Millichamp was a quadriplegic as a result of the hospital's negligence after a 1999 traffic accident.

Jurors on Wednesday found that Millichamp's paralysis could have been prevented with proper testing. They awarded $23.4 for loss, pain and suffering, and added another $7.7 million in punitive damages on Thursday.

"We continue to keep Mr. Millichamp in our thoughts and prayers," Baylor said in a statement. "We are disappointed in the results of the trial and plan to appeal the decision."

Radiologist Anthony C. Toppins declined to comment. David J. Mendelson, the attending emergency room physician, could not immediately be reached for comment Thursday.

The verdict assigned 65 percent of the negligence to Baylor, 27 percent to Toppins and 8 percent to Mendelson.

Millichamp, a former truck driver, went to the emergency room after the accident with a bruised forehead and tingling pains in his hands, neck and shoulder, said his attorney Les Weisbrod.

Millichamp's attorneys said Baylor released Millichamp after allowing an improperly supervised technician to take X-rays that didn't go far enough down the spine to show the problem. They also contend Toppins didn't request more tests.

After being discharged, Millichamp said he lost feeling in his feet and legs. He collapsed while walking out of the emergency room and eventually lost the use of his arms and legs.

[Holly_P]

John Edward Millichamp III

I like that song he sings about Jack and Diann.

[robertpaulsen]

Two questions.

One, are they suggesting that if proper X-rays were taken, the hospital actually could have done something to prevent the paralysis?

Two, who's responsible for the accident that brought him to the hospital to begin with?

[Hacksaw]

The only way to stop insane verdicts like this is for hospitals to charge 23.4 million for successfully treating patients like this.

[Theodore R.]

I cannot answer your questions. This was an AP article. It does "seem" like an excessive award.

[cyphergirl]

"Two questions.

One, are they suggesting that if proper X-rays were taken, the hospital actually could have done something to prevent the paralysis?

Two, who's responsible for the accident that brought him to the hospital to begin with?"

He probably would have had a complete recovery if he had been imobilized. Instead, they sent him *walking* out of the ER. If he had a broken bone, it very easily could have moved at that point, cutting his spinal cord.

Most fire companies have a strict policy of putting a neck brace and backboard on ANY accident victim, for just this reason.

[Viva Le Dissention]

Insane verdicts? According to the jury, it was the hospital's fault that this man is a quadriplegic. $30 million ain't bad, although actually it's probably pretty low.

I don't know about you, but I sure wouldn't trade the use of my arms and legs, have to piss into a tube, have someone change my diaper and wipe my ass for the rest of my life for a lousy $30 million.

Frankly, I think the hospital got off pretty easy.