A man who was left paralyzed from the neck down after surgery to relieve a pinched nerve is blaming his surgeon for dropping an instrument on his spinal cord during the procedure. The $22 million medical malpractice lawsuit that Roger Brown, 59, filed against Oregon Health & Science University (OHSU) in Portland and orthopedic surgeon Clifford Lin, MD, doesn't explain how the instrument allegedly fell from the doctor's hand or specify what type of instrument it was, but says Dr. Lin was negligent in dropping it — not once, but twice.
The suit claims that Dr. Lin twice dropped a surgical instrument onto the plaintiff's spinal cord, "causing permanent quadriplegia, urinary and fecal incontinence, physical pain, interference with activities of daily living, and loss of enjoyment of life."
What type of instrument? Nobody's talking. "We don't have the records and don't know what instrument," says Jane Paulson, Mr. Brown's attorney, in an e-mail. "The doctor said that is what happened and [he] bruised the spinal cord."
An OHSU spokeswoman declined to field our questions. "Out of respect for the legal process and in compliance with patient privacy laws, OHSU will not comment on this case," says Tamara Hargens-Bradley, an OHSU spokesperson, in an e-mail. Dr. Lin, who is employed by the hospital, also declined to comment.
Here's what we know from the lawsuit. Roger Dale Brown went to the hospital for an operation because of a pinched nerve in his neck on March 11. He decided to file a medical malpractice lawsuit against OHSU and Dr. Lin 4 months later when OHSU refused to hand over his medical records, supposedly because the signature on his written request didn't match the signature the hospital had on file before the surgery (Mr. Brown says he retained slight control over one of his hands after the paralysis).
Dr. Lin was negligent in the care he provided by dropping an instrument on Mr. Brown's spinal cord and failing to protect him from the possibility of it happening, according to the lawsuit.
Mr. Brown's paralysis has robbed him of being able to function normally and has ruined his enjoyment of life, he says in the lawsuit. He's seeking $10 million for pain and suffering, $2 million to cover his current medical expenses and an addition $10 million to pay for future medical bills and the modifications to his home needed to accommodate his wheelchair.