Kampinski & Roberts Obtains $7.625 Million Verdict in Medical Malpractice Case Against Cleveland Clinic
CLEVELAND, Sept. 25, 2023 /PRNewswire/ -- On June 6, 2023, the Ohio law firm of Kampinski & Roberts achieved a legal victory for their clients, Eloise and William Hance, winning a $7,625,000 verdict against the Cleveland Clinic. The case was tried by Charles Kampinski and Kristin Roberts and involved medical malpractice committed by neurosurgeons Dr. Iain Kalfas and Dr. Eric Schmidt.
Eloise Hance, an active and athletic 68-year-old woman, sought medical help for back pain, leading her to Dr. Kalfas. After diagnosing her with syringomyelia, a small cyst in the central canal of the spinal cord, Dr. Kalfas recommended shunt surgery, offering an optimistic outlook of 95% improvement or, at worst, no change in her condition. He did not disclose that the procedure could worsen her condition.
The Hances' attorneys introduced internal documents revealing that hospital administrators put immense pressure on Dr. Kalfas and other Cleveland Clinic neurosurgeons to boost revenue through increased patient treatment, creating an incentive to encourage questionable surgeries.
In October 2018, Dr. Kalfas performed a shunt procedure on Eloise, although it was contraindicated by a leading neurosurgery textbook and criticized by Plaintiffs' expert trial witness, Dr. Aaron Filler. As a result, Eloise woke up paralyzed and in excruciating pain. Shockingly, Dr. Kalfas and Dr. Schmidt denied her an MRI to determine the cause and placed a note in her chart instructing that no MRI should be performed. A timely MRI could have reversed the paralysis.
Several months later, an MRI finally was conducted, revealing an object compressing Eloise's spinal cord, which Plaintiff's expert testified was a sponge left from the initial surgery. In February 2019, Dr. Kalfas performed an identical contraindicated surgery, promising to correct Eloise's condition. However, since she was already paralyzed, there was no medical basis for this procedure, and her condition worsened. A post-operative MRI showed the object had vanished. Though Dr. Kalfas never documented its presence or removal, he charged for removal of a mass. Plaintiffs alleged that the second surgery was intended to conceal the true cause of Eloise's paralysis.
Despite the verdict, Dr. Kalfas retains his medical license and remains at the Cleveland Clinic.
Kampinski & Roberts state that their success underscores their unwavering dedication to seeking justice for their clients, regardless of the size, wealth, and reputation of the opponent.
SOURCE Kampinski and Roberts
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