 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Parham v. State Compensation Insurance Fund3/17/1999
ORDER GRANTING PARTIAL JUDGMENT AND ORDER REQUESTING COOPERATION FROM
DEPARTMENT OF CORRECTIONS
The parties in this Emergency Petition case filed a PRETRIAL ORDER on or about March 11, 1999. The parties agreed to bifurcate the issues in this case, trying first the issue of whether the State Compensation Insurance Fund (State Fund) is liable for a second cervical spine surgery for Eddie Parham, (claimant), and leaving for the regular Billings Trial Docket (April 26, 1999) the remaining issues of liability for attorney fees and the 20% penalty.
Trial on the issue of liability for a second neck surgery was commenced on March 15, 1999, in the Conference Room of the Billings Clinic, where Dr. Eugen Dolan, neurosurgeon, testified. Trial resumed on March 16, 1999, in the conference room of Dr. John Moseley, neurosurgeon. Present for the sworn testimony of Dr. Dolan and Dr. Moseley were Mr. Patrick R. Sheehy, counsel for claimant and Mr. Greg E. Overturf, counsel for respondent. Claimant could not be present due to his present incarceration in the Montana State Prison. The court reporter for the testimony of Dr. Dolan was Mr. Richard Mattson. The court reporter for the testimony of Dr. Moseley was Ms. Becky Orozco. The parties rested their cases following the testimony of Dr. Moseley and affirmed to the Court that the bifurcated issue of liability for a second cervical spine operation was ready for determination by the Court based on the exhibits stipulated into evidence and the testimony of Drs. Dolan and Moseley.
FINDINGS OF FACT
Claimant injured his cervical spine while lifting a five gallon bucket of paint on or about October 3, 1997. Liability was ultimately accepted by respondent and medical and wage compensation benefits were paid.
Claimant's treating physician is Dr. John Moseley. An MRI done on October 29, 1997, showed significant pathology in claimant's cervical spine. It is established that claimant has nerve root compression of the C4, C5, and C6 nerve roots, all on the right side. The compression is bony in origin, rather than caused by any soft tissue, such as extruded disk. The diagnosis for this condition is called neural foraminal stenosis, right, at the C3-4, C4-5 and C5-6 levels of claimant's spine. In addition, claimant also has a congenitally small canal, through which the spinal cord passes. The small canal has further narrowed, creating in a condition diagnosed as spinal stenosis or canal stenosis. At C3-4 and C5-6, it was established that bulging disks minimally contact the cord, while at C4-5, the stenosis was less severe in that it does not contact the cord, but it compresses cerebrospinal fluid (CSF) sac, or dura, at that level.
On January 30, 1998, Dr. Moseley performed partial laminectomies at C3-4, C4-5, and C5-6, all on the right side only, in order to get his instruments into the neural foraminal spaces at these levels. With a drill and Kerrison rongeur he performed foraminotomies (removed bone around the foramen) at these three levels in an attempt to widen the foramen and relieve the nerve root compression he found there. It is customary operating protocol to investigate the disks in the area where he performed the foraminotomies. He did not see any soft tissue disk material causing compression of the cord or nerve roots at any of the three operating levels, on the other hand he could visualize very little of the anterior disk due to his approach to the operative sites.
Claimant's nerve root compression symptoms seemed to improve in the six months or so following Dr. Moseley's surgery. But, by September 2, 1998, claimant was complaining of bilateral arm and shoulder numbn
Page 1 2 3 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|