After years of litigation and appeals, Rourke and Blumenthal attorney
Kenneth Blumenthal recently secured a $2.3 million settlement on behalf of Mrs. Cynthia Adae,
a woman from Midland, Ohio who suffered severe injuries when the physicians
at Clinton Memorial Hospital
failed to timely diagnose her condition in the summer of 2006. The complaint in Ms. Adae's case alleged in
that her doctors failed to recall her to the hospital for treatment or
to advise her family physician even after blood tests confirmed the presence
of the infection. By the time it was recognized and treated, the spinal
epidural abscess had progressed to the extent that Mrs. Adae was rendered
permanently disabled and confined to a wheelchair.
The settlement was obtained against the University of Cincinnati, who employed
the attending physician at the hospital at the time of Mrs. Adae's
admission. The case against UC had previously been tried before the Ohio
Court of Claims in 2010, and former Judge Alan C. Travis found that the
UC physician had breached the standard of care in failing to timely diagnose
and treat the infection. A damages award was entered by the Court of Claims
in April of 2012. The case was subsequently appealed to the Tenth District
Court of Appeals and to the Ohio Supreme Court, as UC argued that this
verdict should be reduced by the amount of a prior settlement that had
been reached with Clinton Memorial Hospital in a separate case. In September,
after more than six years of litigation, the settlement was reached while
the Supreme Court case was still pending.
Columbus Dispatch article discussing the settlement can be found below or by
CINCINNATI - The University of Cincinnati has agreed to pay $2.3 million
to a southwestern Ohio woman who said she was left largely paralyzed after
doctors failed to properly diagnose her, the state Court of Claims announced
The settlement reached last month with Cynthia Adae of Midland comes after
a six-year legal battle and does not constitute an admission of guilt
by the university.
The university did not immediately return a request for comment yesterday,
but attorneys denied the allegations in court documents, saying Adae's
condition was the result of other causes.
Adae sued the university, Clinton Memorial Hospital and others in October
2007 after she said doctors failed to diagnose an epidural abscess on
her spine when she complained of a limited range of motion in her upper
right arm, right shoulder pain, high fevers and a cough, according to
Doctors failed to recall Adae for treatment after discharging her from
the hospital, even after getting the results of blood tests that indicated
a serious infection, the lawsuit said.
About a week later, Adae's worsening symptoms were diagnosed at a different
hospital and she underwent emergency spinal surgery.
Today, the 57-year-old Adae uses a wheelchair, has limited ability to move
her upper body and is completely dependent on her husband, said the couple's
attorney, Ken Blumenthal.
Blumenthal said the couple takes comfort in their religion, tries their
best to maintain positive attitudes, and continue to run their fruit farm,
A & M Farm Orchard, in Midland.
Adae greets the customers while her husband takes care of the physical
work, Blumenthal said.
He said the settlement will help them remodel their home to better accommodate
Adae's wheelchair and possibly hire a medical worker to help care for her.
"They wanted to know what their future held financially so they could
make some determinations," Blumenthal said. "This will give
them the wherewithal to get some help."
The couple reached a separate and confidential settlement in 2010 with
Clinton Memorial Hospital.
A Court of Claims judge ruled in June 2011 in the case against the university
that doctors had been medically negligent and awarded Adae $3.3 million
in 2012. The university appealed the judge's decision, but the two
sides agreed to settle the matter instead of letting the Ohio Supreme