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Malpractice jury awards $10 million to local woman By CHRIS BRISTOL MailTribune.com By CHRIS BRISTOL Posted Apr. 21, 2000 at 2:00 AM Updated Dec 17, 2010 at 4:22 AM By CHRIS BRISTOL Posted Apr. 21, 2000 at 2:00 AM Updated Dec 17, 2010 at 4:22 AM » Social News Malpractice jury awards $10 million to local woman An Ashland woman who was paralyzed from the neck down by a rare but treatable infectious disease was awarded $10 million in medical malpractice damages Wednesday. A Jackson County jury ruled that Medford neurologist Walter Carlini was 70 percent at fault for failing to quickly diagnose the rare form of encephalitis that incapacitated Cheryl Quinn, a former vocational rehabilitation counselor who now can't breathe without a ventilator or even speak. The jury ruled that Rogue Valley Medical Center was 30 percent at fault. The damage figure is believed to be among the highest ever awarded by a local jury. It's a big injury, said Quinn's Portland attorney, Robert Dames Jr. It's also a unique case that should have been settled, but this particular defendant didn't offer any money. Dr. Carlini's Portland attorney, David K. Miller, vowed to appeal. Dr. Carlini feels very sorry for this family ... but he also strongly believes that his care was appropriate, and we intend to pursue all options, Miller said. In 1997 Quinn's family sued Dr. Carlini and 10 co-defendants, including RVMC and the Medford Neurological Clinic, arguing that a timely diagnosis of the disease would have prevented much of Quinn's injuries. The lawsuit originally was filed in Multnomah County Circuit Court, seeking damages of $14.5 million. It was moved to Jackson County earlier this year; Judge Mark Schiveley presided over the two-week trial. The jury deliberated two days, rendering a verdict Wednesday of $6 million in economic damages -- which will pay for around-the-clock, lifetime medical care -- and $4 million for pain and suffering. Quinn, 46, initially sought medical treatment Jan. 8, 1996, for a severe headache and facial numbness. Despite daily trips to the hospital, her condition worsened until she lapsed into a coma the next week. The disease was eventually diagnosed as listeria rhomb encephalitis, a rare form of meningitis that attacked Quinn's central nervous system in the brain stem. The listeria bacteria is sometimes spread via unpasteurized dairy products. Dames argued that Dr. Carlini was negligent in part because he failed to immediately prescribe a full spectrum of antibiotics, which Dames described as necessary in the face of a mysterious ailment such as the one that afflicted Quinn. Dames also accused Carlini of negligence for failing to assess Quinn's travel history. Quinn had recently returned from a trip to Mexico, where consumption of unpasteurized cheese and meat products is common. Miller argued that his client was not at fault because listeria rhomb encephalitis is an extremely rare disease. He said only 62 cases have been documented worldwide since 1993, and none involved a patient like Quinn who suffered from migraine headaches. More than one expert witness told the jury that if they had been on call that weekend, they would be the ones sitting next to me -- it's that rare, Miller said. Carlini received his medical training at Stanford and Yale. It was the first time he has been sued for malpractice, Miller said. I'm always reluctant to talk about somebody's claims history, but it is the first claim, Miller said. This is it. By CHRIS BRISTOL MailTribune.com By CHRIS BRISTOL Posted Apr. 21, 2000 at 2:00 AM Updated Dec 17, 2010 at 4:22 AM » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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