January 2010

In January 2010, Noel Halpin obtained a defense verdict for a Neurologist in Boyle County, Kentucky.  The Plaintiff alleged a failure to timely diagnose a rare form of non-Hodgkin’s lymphoma, a Burkitt’s lymphoma, that was infiltrating and growing on the spinal cord.  The Plaintiff presented with a long history of weakness in the lower extremities, pain in the lower extremities, trouble with ambulation, and bowel and bladder dysfunction. The Plaintiff was also immunocompromised due to a history of alcoholism, hepatitis, and liver damage.  The defense proved that the neurologist’s examination and work-up of the Plaintiff’s presenting symptoms was reasonable and within the standard of care.  The diagnosis of the lymphoma was made two days later, and Plaintiff underwent surgery to remove the mass and a subsequent course of chemotherapy.  The Plaintiff alleged that the outcome would have been different had the diagnosis been made by the neurologist two days earlier.  Post-surgery the Plaintiff continued to have similar deficits to those she presented with.  The defense proved that the neurologist’s evaluation and examination of the Plaintiff was reasonable and appropriate based on her presenting symptoms.  Further, the defense proved that the alleged failure to order imaging studies, which would have diagnosed the mass two days earlier, was not the cause of the Plaintiff’s ongoing symptoms.  The jury returned a verdict finding that the neurologist did not breach the standard of care.  A defense verdict was entered.  The Plaintiff was awarded nothing.

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