Man Awarded $12 Million in Paralysis Case


downloadAn Upper Darby man has been awarded nearly $12 million in a civil lawsuit by a jury in connection to the treatment he received at Delaware County Memorial Hospital in 2011 which left him paralyzed from the chest down.

The jury trial lasted for nearly two weeks before Common Pleas Judge Spiros Angelo. The jury deliberated for about four hours after final arguments were given before they returned their verdict. The jury awarded the plaintiff, Kenneth Del Grosso more than $9 million for past and future medical expenses, an additional $2.3 million in noneconomic losses and nearly $500,000 in lost earnings. The jury also awarded Del Grosso’s wife $500,000 for loss of consortium.

According to court documents, the plaintiff, Del Grosso, at age 53 years, visited the Delco Memorial emergency room on June 17, 2011, complaining of neck pain and tingling in his left arm.

The plaintiff was first treated by a cardiologist and was held overnight. Del Grosso’s symptoms worsened and he developed a fever, lost the ability to urinate and walking had become difficult.

Infectious-disease specialist Bonnie Rabinowitch evaluated Del Grosso on the following day and suspected a cervical epidural abscess in the neck was to blame.

Rabinowitch ordered a stat MRI and brought in neurologist Hussam Yacoub for a consultation. Radiologist Ben-Zion Friedman viewed the MRI results and “incorrectly interpreted” them as showing no signs of abscess or spinal cord compression, according to the complaint.

The plaintiff’s condition continued to worsen and it was on the following morning when Rabinowitch saw him that Del Grosso was sent to Thomas Jefferson University Hospital.

By the time that doctors at Jefferson determined that Del Grosso was suffering from an abscess and performed surgery on the plaintiff, the damage had already been done by the infection. As a result, Del Grosso has lost the use of his legs, bowels and bladder control and sexual function.

Misdiagnosis or medical negligence is one of the leading causes of personal injury or death of patients. If you suspect that you, your child, or a loved one has been the victim of medical malpractice, contact Bottar Leone, PLLC, today. At Bottar and Leone, we have been fighting for the rights of patients and their loved ones for more than 30 years.

When you call, we will schedule a confidential meeting with you to inform you of your rights and of the possibility of compensation for any medical expenses, special education, medical bills, loss of income, pain and suffering or even the tragedy of wrongful death.

You may contact us by telephone at (315) 313-6809, (888) 979-1689, or by email at

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