A
one-month old infant was involved in a motor vehicle accident. He
was appropriately restrained in an infant car seat. He was evaluated
in the ER where cervical spine x-rays were performed as a precaution
only. The x-rays were negative for fractures, but did show a left
vocal cord nodule/tumor. A biopsy was recommended via a laryngoscopy
procedure. This was performed and the biopsy was malignant. The infant
underwent chemotherapy treatment for the tumor. During the hospitalization,
the infant’s voice became quite hoarse and quiet. It was felt
that he sustained a vocal cord paralysis on the opposite vocal cord,
i.e., the right side. The parents claimed that the accident caused
the tumor on the left side to be pushed over onto the unaffected
right vocal cord, thereby causing a contusion of some type and paralysis
of the vocal cord. Joan reviewed the medical records and felt that
there were numerous missing records, including the laryngoscopy procedure
note as well as all nursing notes from his inpatient stay. Attempts
to retrieve these medical records from the plaintiff’s attorney
were met with resistance despite numerous requests. Finally, defense
counsel for the insurance company received a court order from a judge
requesting the pertinent medical records. The next day, over
900 pages were sent to Joan. The records revealed that it was only after
the laryngoscopy procedure that the infant’s voice became hoarse.
Nursing notes prior to that procedure documented a strong, vigorous
cry, etc. An opinion had previously been provided by the pediatric
oncologist indicating that it was possible that the motor vehicle
accident caused the baby’s vocal cord paralysis. Joan felt
that this was not the expert who was qualified to provide such an
opinion. The parents were reluctant to allow the infant to undergo
an Independent Medical Examination and therefore, Joan
arranged for a Peer/Utilization Review by a Pediatric Ear, Nose and
Throat physician. This physician provided irrefutable evidence that any such injury
to the vocal cord stemming from the motor vehicle accident, would
have produced immediate voice changes and the infant would not have
had a documented loud vigorous cry for approximately the first week
in the hospital. The hoarseness and vocal cord paralysis were felt
to be temporary as a result of the laryngoscopy with trauma to the
very delicate tissues surrounding the larynx and vocal cords. The
ENT specialist felt that there was a good prognosis for the return
of the baby’s voice with time. After discussing the case with
the ENT specialist, Joan asked if the parents could provide a videotape
depicting the infant’s voice/cry. The parents refused to provide
this and decided to settle the claim the next day.
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