A Pennsylvania jury has awarded a $23.87 million verdict to James Spangler, a 58-year-old Harley Davidson mechanic from Manchester who suffered catastrophic injuries following a botched spinal surgery.
The verdict represents the largest published medical malpractice award in York County’s history, according to Spangler’s attorney, Iddo Harel, a partner at Philadelphia-based law firm Ross Feller Casey.
In October 2019, Spangler underwent surgery at WellSpan York Hospital to relieve spinal issues. During the procedure, neurosurgeon Dr. Joseph Krzeminski mistakenly inserted a screw into Spangler’s spinal cord. Court testimony indicated that during the surgery Krzeminski failed to heed monitoring alerts indicating potential neurological compromise.
Immediately after the surgery, Spangler was paralyzed and exhibited signs of neurological and spinal cord damage. However, the medical team failed to order spine imaging to gauge the extent of any injury and also waited 12 hours before undertaking follow-up surgery that could have mitigated his injuries. By that time, the damage had been done, Spangler’s lawyers said.
As a result of the surgery, Spangler was left paralyzed in all four limbs with little to no voluntary movement or sensation in his lower body. He requires 24/7 care and assistance with all daily activities.
Spangler sought damages for past and future medical expenses, and lost earnings and earning capacity, as well as compensation for pain and suffering. Prior to his injuries, Spangler had worked as a mechanic for Harley Davidson for 26 years.
Defendants in the case included WellSpan York Hospital and Krzeminski, who retired soon after this incident. Spangler’s complaint alleged negligence and liability — which the defendants denied. Krzeminski and the hospital claimed that the care they provided met the applicable standard of care. They also denied that Spangler’s injuries were caused by their actions.
An eight-day trial was held before Judge Matthew Menges in York County Court of Common Pleas.
Topics Pennsylvania
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