Tarrant County jury awards $9.2M after spinal surgery leaves 48-year-old paralyzed
A Tarrant County jury has awarded $9.2 million to a man who was paralyzed after back surgery in Arlington.
Larry Jones was 48 when he was admitted to Bianco Brain and Spine Hospital for a lumbar surgery, according to a lawsuit filed against the hospital and Dr. Nikhil Patel, who performed the surgery. The suit was filed in Tarrant County District Court in 2019. The civil suit went to trial in 348th Judicial District before Judge Megan Fahey.
According to the suit, Jones’ surgery on Oct. 20, 2017, began at 9:20 a.m. Patel was the surgeon for the operation and another doctor monitored Jones’ neurological activity. At least twice during the operation, the suit says, the second doctor informed Patel that there were significant changes in Jones’ neurological activity. The doctor suggested a wake-up test due to concern for surgical injury, the suit says, but Patel continued with the surgery.
“Dr. Patel chose to ignore those warnings and his patient, a man who just wanted some relief from suffering, now has to learn to live with an irreversible outcome that was completely preventable,” said Jones’ attorney, Seth McCloskey of the Law Offices of Laird & McCloskey.
A message left for the attorney representing the hospital and Patel was not immediately returned Monday.
After the surgery, Jones woke up and was not able to feel his feet.
Jones was previously a machinist and umpire, according to court records, and enjoyed fishing on his boat. Because of the surgery, he is not able to do most of the activities he previously enjoyed.
Now 51, Jones uses a wheelchair, according to a medical consultation included in court documents. He is not able to be a baseball umpire and lost substantial earnings because of his paralysis, records say. He and his family had to renovate their home to accommodate the disability, buy medical equipment and pay for a variety of physical therapy and medical treatments.
The jury on Oct. 25 granted Jones $1 million for his past mental pain and anguish and $2 million for physical impairment. The jury also granted Jones compensation for lost earnings and the cost of medical equipment.
“Nothing will undo what happened to our client, but this will at least provide financially for his family so that they can focus on Larry’s ongoing care,” said McCloskey. “In the end, this is a case based on accountability. Hopefully, it sends a message that surgeons can’t gamble with people’s lives.”
This story was originally published October 31, 2022 at 3:20 PM.
