$8 Million for Failure to Diagnose Serious Brain Ailment
Wayne Spivey and Mike McGuckin obtained an $8 million settlement for a 46-year-old woman who was diagnosed with a suspected brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the rate of bleeding. The woman’s primary physician referred to a neurosurgeon, who failed to properly identify the AVM after delaying a crucial study. Attorneys Spivey and McGuckin argued that the delay in diagnosis resulted in her AVM rupturing. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, the woman eventually regained limited muscle function; however, after extensive rehabilitation, she requires round-the-clock care from her husband and hired caregivers. The settlement will allow her to remain at home and have the best medical care available.