James Spangler vs. York Hospital

Case Background

On February 3, 2020, Plaintiff James Spangler and Wendy Spangler filed a Medical Malpractice lawsuit in the Court of Common Pleas, York County (Case number: 2020-SU-000316). Judge Matthew D Menges presided over the case.

Cause

On October 11, 2021, James Spangler underwent posterior cervical laminoplasty surgery at York Hospital. Dr. Joseph A. Kurzweil of York Neurological Associates, P.C., performed the procedure. The surgical team planned a C3-C5 laminoplasty to address Spangler’s cervical spine issues. During the operation, they employed intraoperative neurophysiology monitoring to assess Spangler’s neurological function in real-time.

As the surgery progressed, the surgical team noted that the signals were small, unreliable, and/or absent, indicating potential neurological compromise. These concerning findings should have prompted immediate action. However, Dr. Kurzweil and his team failed to properly recognize, appreciate, or act upon these critical findings.

Instead of halting the procedure or modifying their approach in light of the abnormal monitoring results, the team continued with the planned C3-C5 laminoplasty. This decision had severe consequences for the patient.

Immediately after the surgery, Spangler exhibited significant neurological damage. He could not move his arms and legs, indicating a severe spinal cord injury. Despite these alarming symptoms, the medical team failed to take appropriate post-operative actions. They did not order immediate cervical spine imaging, which could have revealed the extent of the injury and guided further treatment. They also failed to return Spangler to the operating room for urgent surgical intervention, which might have mitigated the damage.

Given the severity of Spangler’s condition, the standard of care typically required transferring him to a tertiary care facility equipped to handle complex spinal cord injuries. However, the medical team at York Hospital failed to initiate this transfer, potentially delaying crucial specialized treatment.

Injuries

As a direct result of the alleged negligence and medical malpractice during and after the surgery, James Spangler suffered catastrophic and life-altering injuries. The most severe outcome was quadriplegia, leaving him paralyzed in all four limbs with little to no voluntary movement or sensation below the injury site.

Specifically, Spangler suffered:

  • Complete paralysis of his legs, rendering him unable to walk or stand independently.
  • Paralysis or severe weakness in his arms and hands, significantly impairing his ability to perform basic self-care tasks.
  • Loss of fine motor skills in his hands and fingers, affecting activities such as writing, typing, or manipulating small objects.
  • Potential loss of bladder and bowel control, requiring long-term management strategies.
  • Impaired respiratory function, possibly necessitating assistive breathing devices.
  • Loss of normal sensory function below the level of injury, including touch, pressure, temperature, and pain sensations.
  • Risk of secondary complications such as pressure sores, urinary tract infections, and respiratory issues.

Spangler required immediate intensive care, followed by a transfer to a specialized spinal cord injury rehabilitation facility. His injuries resulted in a complete loss of independence, requiring 24/7 care and assistance for all daily activities.

Damages

The plaintiff sought damages for past and future medical expenses, as well as lost earnings and earning capacity. Additionally, the plaintiff claimed compensation for pain and suffering, loss of life’s pleasures, and disfigurement. The total amount of damages claimed exceeded Fifty Thousand Dollars ($50,000) and surpassed the prevailing arbitration limits.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): James Spangler | Wendy Spangler
    • Counsel for Plaintiff: Joel J. Feller| Blake Alexander Kaplan |  Iddo Harel
  • Defendant(s): Joseph P. Krzeminski | WellSpan Health | WellSpan Medical Group | WellSpan York Hospital | York Hospital
    • Counsel for Defendants: Chilton G. Goebel III| Abigail Z. Wenger | Amy L. Blackmore | Jonathan E. Dalziel

Claims

James and Wendy Spangler filed a comprehensive medical malpractice lawsuit against multiple defendants, including York Hospital, Dr. Joseph A. Kurzweil, York Neurological Associates, P.C., and other medical providers involved in Spangler’s care. Their claims included:

  • Negligence in Intraoperative Monitoring
  • They argued that Dr. Kurzweil and his team negligently proceeded with the planned laminoplasty despite the concerning monitoring results.
  • Failure to Obtain Timely Postoperative Imaging
  • Delay in Diagnosis and Treatment
  • Failure to Transfer to a tertiary care center equipped to handle complex spinal cord injuries
  • Lack of Informed Consent
  • Corporate Negligence
  • Vicarious Liability
  • Negligent Hiring and Credentialing
  • Failure to Follow Protocols

Defense

The defendants, including York Hospital (operating as WellSpan York Hospital), WellSpan Health, WellSpan Medical Group, and Dr. Joseph P. Krzeminski, filed an Answer in the Medical Malptrcatice lawsuit. They systematically denied all allegations of negligence, liability, and corporate negligence.

The defendants asserted that the care and treatment provided to James Spangler met the applicable standard of care and denied that their actions or inactions caused the plaintiffs’ injuries. They further pointed out that several originally named defendants had been dismissed from the complaint.

The defense raised numerous affirmative defenses, including the failure to state a claim, the statute of limitations, assumption of risk, comparative negligence, and contributory negligence. They also invoked the “Two Schools of Thought” doctrine, suggesting that they followed a recognized treatment modality. Additionally, the defense claimed that Spangler’s injuries were the result of natural causes or preexisting conditions.

Jury Verdict

On September 26, 2024, the jury found the Defendant negligent in the Spinal Surgery lawsuit an awarded damages in the following manner:

  1. Past physical pain and suffering, embarrassment, and humiliation: $3,000,000
  2. Future physical pain and suffering, embarrassment, and humiliation: $7,000,000
  3. Past medical and related expenses: $757,685.12
  4. Future medical care and other related expenses (broken down by year):
    • 2024: $266,065
    • 2025: $162,886
    • 2026: $173,474
    • 2027: $184,750
    • 2028: $196,758
    • 2029: $209,548
    • 2030: $223,168
    • 2031: $237,674
    • 2032: $253,123
    • 2033: $269,576
    • 2034: $282,099
    • 2035: $305,760
    • 2036: $325,634
    • 2037: $346,801
    • 2038: $369,343
    • 2039: $393,350
    • 2040: $418,918
    • 2041: $446,147
    • 2042: $475,147
    • 2043: $506,031
    • 2044: $538,924
    • 2045: $516,558
    • 2046: $516,558
    • 2047: $544,558
  5. Future economic loss in a lump sum: $4,472,802
  6. Past Lost Wages: 407,356
  7. Future Lost Wages: 976,042

They awarded Wendy Spangler a total of  $23,873,577.1 in Medical Malpractice Lawsuit.

Court Documents:

Available Upon Request