Woman Suffers Permanent Paralysis Due to an Undiagnosed Stroke; No Offer Case; Arbitration panel Finds for Plaintiff on Liability and Causation, Case then Settles for $2,250,000
A 44-year-old woman suffered from a middle cerebral artery stroke allegedly as a result of her physician’s failure to properly diagnose the condition based on early warning signs, resulting in permanent partial paralysis. The woman described her symptoms over the phone to her primary care physician, including a “pincheing” sensation in the neck and a feeling of heaviness in her upper left extremity which progressed into numbness and tingling of her left handand wrist. . Upon hearing the description of her symptoms, the physician purportedly advised her to take two Advil. When she woke up the next morning, the plaintiff was unable to move or speak. Upon her arrival at the hospital, she was diagnosed with a complete middle cerebral artery stroke, resulting in partial left upper and lower extremity paralysis and aphasia.It was argued that had she been advised by her physician to go immediately to the ER as per the standard of care, it is likely that her stroke could have been preventedby aggressive intervention. Daniel M. Hodes of Hodes Milman Liebeck, LLP represented the plaintiff in arbitration, obtaining findings of liability and causation that resulted in a $2,225,000 settlement.