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Court to Decide Who is Liable for Medical Procedure that Left Patient in Wheelchair

Almost 20 years ago, Larry Schultz was diagnosed with multiple sclerosis. The one-time nuclear pharmacist underwent corrective therapies but nothing helped. In February, 2006, Schultz, then 56, drove to St. Luke's Medical Center in Milwaukee for a spinal injection to relieve chronic muscle cramping around his spinal column.

A St. Luke’s medical resident injected Baclofen as well as a tracer drug, Reno-60 into Schultz’s spine. However, on the Reno-60 label, the warning said it was not to be injected into the spinal fluid, according to court records. The result was neurological damage, including three fractured vertebrae that has confined Schultz to a wheelchair for the rest of his life, reported The Milwaukee Journal-Sentinel.

Wikipedia reports Baclofen was designed in the 1920a to treat epilepsy. Its effect was disappointing but it did decrease spasticity in some patients. Drugs.com lists this warning about Reno-60: “Serious adverse reactions have been reported due to inadvertent intrathecal (spinal fluid) administration of iodinated contrast media that are not indicated for intrathecal use. These serious reactions include: death, convulsions, cerebral hemorrhage, coma, paralysis, arachnoiditis, acute renal failure, cardiac arrest, seizures, rhabdomyolysis, hyperthermia and brain edema. Special attention must be given to ensure this drug is not inadvertently administered intrathecally.

St. Luke’s is the largest private hospital in the state. Its’ insurer paid Schultz $1 million but Schultz's lawyer, Daniel Rottier filed a lawsuit which is being heard by a Milwaukee County Circuit Court judge.

Since the procedure, the Wisconsin Injured Patients and Families Fund (WIPFF), which provides coverage in medical malpractice cases, filed a counterclaim of negligence against St. Luke’s, claiming the hospital did not properly train and supervise personnel, and thus, should be partially liable for monetary damages. WIPFF was created by the Wisconsin Legislature 30 years ago. Hospitals in the state contribute to the fund for malpractice coverage in cases exceeding $1 million, the Journal-Sentinel reported.

As Medical Bills Mount, Court to Decide Who Pays

But a lawyer for the Wisconsin Hospital Association filed a motion asking the fund's claim be dismissed. Anne Kearney noted the fund cannot file legal claims against hospitals in malpractice cases. If the claim was allowed in court, she said it would "destabilize" a system the legislature created to process malpractice cases. "The longer-term effect could diminish the quality of health care provided by physicians and hospitals in Wisconsin,” she said.

However, WIPFF contends the case involves more than malpractice. Its’ lawyers maintain the hospital was negligent in training and supervising staff conducting Schultz’s botched procedure and should pay damages from its general liability insurance fund.

Schultz’s medical bills have exceeded $2 million, and court records maintain costs could climb to $6 million. But the Journal-Sentinel noted the mishap occurred before a $750,000 state-imposed cap on damages for pain and suffering.

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