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Jury awards more than $17 million for paraplegia claims

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Jury awards more than $17 million for paraplegia claims

State Court
Medical malpractice 02

CHARLESTON — A West Virginia jury awarded more than $17 million in its verdict in a medical malpractice lawsuit that was filed in 2019 by a man who was left paralyzed after having spine surgery.

The jury found on March 24 that Dr. John R. Orphanos was negligent in his care and treatment of Michael Rodgers related to his paraplegia in June 2017 and that Orphanos breached the standard of care and was reckless. The trial lasted eight days.

Pertaining to his paraplegia, the jury awarded damages for past expenses in the amount of $1,374,079; lost earning capacity in the amount of $591,166; future care of $6,511,940; and past and future pain and suffering in the amount of $2.5 million.

Pertaining to his stroke, the jury awarded damages for additional future care and treatment in the amount of $1,793,690 and future pain and suffering in the amount of $5 million.

Michael Rodgers filed his complaint in Kanawha Circuit Court against Dr. John R. Orphanos in 2019.

The suit states the plaintiff was transported to Charleston Area Medical Center on June 4, 2017, for injuries he'd sustained in a motorcycle accident.

The plaintiff was prescribed a course of treatment and was scheduled for surgery on June 6, 2017.

Following the surgery, the plaintiff suffered a complete loss of motor function and sensation in his bilateral lower extremities.

Rodgers had a second surgery and suffered paraplegia, according to the suit.

Rodgers was seeking damages and court costs. He was represented by P. Gregory Haddad and Sharon Iskra of Bailey & Glasser LLP in Morgantown. Orphanos was represented by Richard D. Jones and J. Dustin Dillard of Flaherty Sensabaugh Bonasso in Charleston.

The case was assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number: 19-C-561

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