$4.2 Million Verdict After ER Physician Removed Cervical Collar, Causing Quadriplegia

Kevin Marchand arrived at Mercy Medical Center in Nampa, Idaho, by ambulance after a serious on-the-job accident. Paramedics had done everything right: they immobilized his neck with a back board, a cervical collar, sandbags placed on both sides of his head, and tape stretched across his forehead to prevent any movement. Those precautions reflected standard protocol for a trauma patient with an unknown spinal injury.

Inside the emergency room and radiology department, the situation unraveled. Dr. Neil Farris, the treating ER physician, removed Marchand's cervical collar during the radiological evaluation, saying he needed access to examine the jugular vein because Marchand was showing signs of respiratory distress. The collar and sandbags were gone shortly after Marchand was admitted to the intensive care unit. Three physicians failed to identify a fracture in the cervical spine visible on imaging: Dr. Farris, Dr. Blome (Marchand's primary care provider in the ICU), and radiologist Dr. Truksa.

At approximately 1:50 p.m. the following afternoon, Marchand became paralyzed from the neck down. He has remained a quadriplegic.

Marchand brought a medical malpractice action against Mercy Medical Center and the treating physicians in U.S. District Court in Idaho. After a full trial, the jury found Farris, Blome, and Truksa each negligent, apportioning fault equally at 33 percent apiece. The jury returned a $4.2 million verdict.

The case produced an additional, uncommon outcome: the district court ordered Dr. Farris to pay Marchand's litigation costs and attorneys' fees under Federal Rule of Civil Procedure 37(c), because Farris had refused to admit certain requests for admission that Marchand then proved at trial. Awards of costs and fees in medical malpractice cases are rare. Farris appealed that ruling, and the Ninth Circuit affirmed both the jury verdict and the fee award in 1994. The $4.2 million judgment was not reduced on appeal.