Botched halo procedure leaves patient paralyzed

Hospital settles pre-suit for $1.2M

The claimant, a 47-year-old engineer, dove into shallow water and struck his head on the sandy lake bottom. He immediately felt pain between his shoulders and numbness in his upper arms and hands.

He was taken by ambulance on a back board to a community hospital. A CT scan demonstrated a fracture of the C7 facets, full-thickness anterior subluxation of C6 on C7 and bilateral interlocking facets. Compromise of the central spinal canal was a major concern.

Nevertheless, the patient could move all of his extremities at the time. He was immediately transferred to a tertiary care center for definitive treatment.

Shortly after his arrival in the emergency room at the tertiary hospital, an orthopedic consult was obtained and performed by a third-year resident. Tingling in the upper extremities and loss of grip strength in one hand was noted.

Neither an attending orthopedic surgeon nor a neurosurgeon was called in by the resident at that time.

The resident undertook to reduce the interlocking facets with traction, using a halo device affixed to the skull of claimant with four pins. Traction was provided with weights that were steadily increased as the resident observed the vertebrae with a fluoroscope.

Once the available weights were exhausted at about 70 pounds, the resident began applying manual pressure to increase the traction.

As he did so, the claimant cautioned the resident that some of the pins felt like they were slipping.

The resident continued to apply pressure until the halo ripped off claimants’ skull. Immediately after his neck hit the pillow, he felt pain shooting through all four extremities. The claimant insisted that he steadily began losing motor function in his arms and legs.

The resident’s notes indicate that a neurological exam performed immediately after the incident was unchanged from before. After an MRI, claimant was taken to surgery and the vertebrae were separated surgically and the fractures fixed.

After surgery, claimant commenced an intensive rehabilitation program. Although he regained most function in his arms, his legs remained paralyzed and he was incontinent of bowel and bladder. Incredibly, claimant returned to work as an engineer within three months of the accident.

The matter was facilitated prior to a Notice of Intent being filed.

The claimant alleged that the “halo procedure” should not have been undertaken without an attending present and should have been abandoned when the claimant complained that the pins were slipping.

Attorneys for tertiary hospital claimed that the claimant’s neurological impairments were caused by the original injury, not the halo incident. Damages for future medical expenses were supported by a detailed life care plan. No specific claim for lost wages was made.

Negotiations resulted in a settlement with the tertiary hospital only for $1,995,000.

Type of action: Medical malpractice

Type of injuries: Lower extremity paralysis

Name of case: Confidential

Court/Case no./Date: Not applicable; Not applicable; Not applicable

Settlement amount: $1.995 million

Insurance carrier: Confidential

Attorney for plaintiff: Robert B. Sickels

Attorney for defendant: Withheld

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