$24 Million Verdict: Spinal Surgery Error Leads to Paralysis and Lawsuit

Spinal surgeries, intended to alleviate pain and improve quality of life, carry inherent risks. While most procedures are successful, errors can occur, leading to devastating consequences for patients. A recent case in Pennsylvania highlights the potential for medical malpractice in spinal surgery, resulting in a $24 million verdict for a patient who suffered paralysis due to a surgical error. This landmark case underscores the critical importance of patient safety and accountability in healthcare.

The Case: Spangler v. WellSpan York Hospital

In October 2019, James Spangler, a 58-year-old motorcycle mechanic, underwent a laminoplasty at WellSpan York Hospital to address spinal stenosis. During the procedure, Dr. Joseph P. Krzeminski, the neurosurgeon, mistakenly inserted a screw into Spangler’s spinal cord. Despite intraoperative monitoring systems detecting the error and alerting Dr. Krzeminski, the procedure was not stopped or altered.

As a result of the surgical error, Spangler woke up from surgery unable to move. He suffered significant spinal damage, leading to paralysis in all four limbs and a complete loss of sensation in his lower body. Spangler now requires 24/7 care and assistance with daily activities.

The Lawsuit and Verdict

Spangler filed a lawsuit in 2021 against WellSpan York Hospital and Dr. Krzeminski, alleging negligence and medical malpractice. The lawsuit claimed that Dr. Krzeminski deviated from standard surgical protocols and ignored warnings of potential spinal cord damage during the surgery.

After an eight-day trial in September 2024, a York County, Pennsylvania, jury ruled in favor of Spangler, awarding him $23.87 million in damages. The compensation included $10 million for pain and suffering, $4 million for loss of consortium for Spangler’s wife, Wendy Spangler, and the remaining amount for economic damages. This verdict is the largest medical malpractice award on record in York County.

What Constitutes Spinal Surgery Malpractice?

Spinal surgery malpractice occurs when a healthcare provider’s negligence during a spinal procedure results in injury to the patient. Several factors can contribute to medical negligence in spinal surgery, including:

Surgical Errors: These are direct mistakes made during surgery that can lead to spinal cord damage. Examples include operating on the wrong level of the spine, damaging nerves due to surgical negligence, improper placement of screws, rods, or hardware, and performing unnecessary spinal fusion surgery.
Failure to Monitor: Patients need to be carefully monitored and treated as they heal from surgery. If the medical team responsible for monitoring a patient’s condition and recovery fails to do so responsibly, it could result in a malpractice claim.
Lack of Informed Consent: Patients have the right to be fully informed about the risks and alternative treatments before undergoing any medical procedure. Failure to provide adequate information or a rushed consent process can lead to a malpractice claim.
Post-operative Negligence: Neglecting post-operative complications such as infections or hardware malfunctions and delayed diagnosis of spinal fluid leaks can also constitute medical malpractice.
Excessive Decompression: Removing too much tissue during spinal decompression surgery can destabilize the spine and expose the spinal cord to serious injury.
Failure to Stop Bleeding (Hematoma): A surgeon’s failure to stop bleeding during or after spinal surgery could result in an epidural or cervical hematoma, compressing the spinal cord and causing nerve damage.

Common Types of Spinal Surgery Errors

Several types of errors can occur during spinal surgery, leading to severe complications:

Nerve Damage: Surgical errors can cause nerve damage, leading to paralysis, numbness, or chronic pain.
Improper Placement of Hardware (Pedicle Screw Misplacement): If screws or rods are placed too deeply or at the wrong angle, the spinal canal can become penetrated or dangerously compressed.
Wrong Site Surgery: Operating on the wrong area of the spine can lead to additional injuries and complications.
Infections: Bacterial infections at the surgical site can lead to severe pain, fever, and further complications.
Defective Medical Devices: Faulty spinal implants, screws, or plates can break or migrate, causing significant harm.

Legal Options for Victims of Spinal Surgery Errors

If you or a loved one has suffered harm due to a spinal surgery error, you may have grounds for a medical malpractice claim. A spinal surgery malpractice lawyer can assist you by:

Reviewing your medical records: A qualified attorney will conduct a detailed analysis of surgical notes, diagnostic imaging, and post-operative care records to identify where the standard of care may have been breached.
Consulting with qualified medical experts: Expert witnesses, such as spine surgeons or biomedical engineers, can provide testimony that the procedure or device was flawed.
Building a strong case based on medical standards of care: Your attorney will gather evidence to demonstrate how your care fell short of accepted practices and how that failure caused your injuries.
Handling communication with hospitals, insurers, and defense attorneys: A lawyer is your advocate, managing negotiations and correspondence to protect your interests.
Preparing your case for settlement or trial: While many cases settle out of court, some require litigation. An experienced attorney will be ready to present your case effectively to a judge or jury, if needed.

Factors Influencing Settlement Amounts

Like all spinal surgery malpractice cases, settlement amounts vary widely based on the facts of the case. Factors that may influence the value of a settlement include:

The extent of the injury or permanent disability
The cost of past and future medical care
Lost wages and diminished earning capacity
The degree of pain and suffering endured
The strength of the expert medical testimony

The Importance of Seeking Legal Advice

If you believe your spinal surgery resulted in injury due to negligence, it is critical to act promptly. In Maryland, most medical malpractice claims must be filed within three years of the injury’s discovery or five years from the injury’s occurrence, whichever comes first. Waiting too long can result in losing your right to compensation, regardless of how strong your claim may be.

Conclusion

The $24 million verdict in the Spangler case serves as a stark reminder of the potential consequences of medical malpractice in spinal surgery. Surgical errors can lead to devastating injuries, including paralysis, and can significantly impact a patient’s quality of life. If you or a loved one has been a victim of spinal surgery malpractice, it is essential to seek legal advice from an experienced attorney who can help you understand your rights and pursue the compensation you deserve.