The patient’s condition deteriorated, and she became immobile and mute. She was then transferred to the psychiatric unit of a large Army hospital. In late December 1993, clinicians there determined that her symptoms were the result of acute disseminated encephalomyelitis, which had caused widespread diffuse damage to the woman’s brain. She underwent 10 weeks of inpatient occupational and physical therapy at the Army facility before being transferred to a rehabilitation hospital. There, she underwent two months of additional inpatient treatment, followed by several weeks of outpatient treatment.
The plaintiff claimed residual impairment of her auditory ability, cognitive functionality, gait, and vision. The plaintiff alleged negligence in the clinicians’ failure to properly diagnose her condition. The matter was tried to a defense verdict in December 2005, then remanded for a new trial on appeal. The plaintiff reached a settlement with the original hospital before the second trial, at which Dr. M. was the only defendant.
The plaintiff charged Dr. M. with failure to recognize a neurologic disorder and contended that she should have been referred to a neurologist. The plaintiff claimed that timely administration of corticosteroids would have prevented much of the brain damage she sustained.
Dr. M. claimed that the plaintiff’s prior treating doctors had determined that she was not experiencing any medical abnormalities and that her family practitioner was immediately consulted when an organic problem was suspected. Furthermore, according to the defendant, there is no proof that corticosteroids effectively treat acute disseminated encephalomyelitis.
A defense verdict was returned, with posttrial motions pending.