M.A.S. v. Deutsch Kerrigan Client

In this case, plaintiff filed a medical review panel complaint against several health care providers, including Deutsch Kerrigan’s client, alleging that the health care providers, negligently failed to diagnose Cauda Equina Syndrome (CES) during her visit to an ER on 11/26/12. Her claimed damages included pain and suffering, permanent disability, disfigurement, loss of enjoyment of life, and loss of earnings and earning capacity. (CES is an uncommon compression of the nerves at the end of the spinal cord within the spinal canal. It can be caused by any condition which results in direct irritation or pinching of the nerves at the end of the spinal cord, including herniated discs, tumors or other abnormal growths, or localized infection near the spinal cord.) The plaintiff, a 32 year old female, was left a paraplegic as a result of her condition.

During the medical review panel phase, Karen P. Holland for Deutsch Kerrigan argued that there was no breach of the standard of care on the part of her client and won a unanimous decision to that effect from the Medical Review Panel. Notwithstanding that favorable Panel decision, the plaintiff filed a lawsuit against Deutsch Kerrigan's client and another healthcare provider defendant seeking the statutory maximum recovery of $500,000 in general damages plus judicial interest and future medical expenses.

Through a continued vigorous defense of the case through the litigation phase, Ms. Holland was able to convince plaintiff to dismiss the case against her client without payment of any kind, while the other health care provider settled the claim in 2017.