Crash Victim’s Malpractice Suit Is Settled

A young man who survived a high-speed motorcycle accident but then claimed that his spinal cord was severed while he was being treated in a hospital emergency room has agreed to a $3.8-million settlement of his medical malpractice lawsuit.

Thomas Michael Abbott, who was 21 and intoxicated at the time of the 1984 freeway accident, was rendered a paraplegic. He will receive $125,000 in cash and $2,500 per month for life plus interest, according to his attorney, Philip S. Cifarelli

Insurers agreed to the settlement while denying any wrongdoing by Anaheim Memorial Hospital or Dr. Roy Neff, Cifarelli said.

“I think we’ve really protected Tom’s interests,” said Cifarelli.

Abbott had been drinking at a party, and his intoxication was a major factor in the decision to settle the claim, Cifarelli said.

He lost control of his motorcycle and crashed on the Orange Freeway near Orangethorpe Avenue late at night on Oct. 9, 1984. Paramedics took him to the emergency room at Anaheim Memorial after the single-vehicle accident.

Abbott had suffered a broken back in the accident, but the emergency room staff only X-rayed his head and neck, according to the lawsuit.

Abbott “was told his X-rays were negative, and he was being discharged,” according to the lawsuit. Emergency room nurses assisted Abbott to a sitting position, helped dress him and then tried to move him off a gurney to a wheelchair when he “sank to his knees, unable to stand,” according to the lawsuit.

Further examination revealed a “transected,” or cut, spinal cord, according to the case file.

Abbott, of Anaheim, was “single, a working guy, a high school graduate,” Cifarelli said. He could not return to his job as a carpet layer.

The lump sum payment will allow Abbott to advance his hopes of taking care of himself, Cifarelli said. He has lived with his parents since the accident.

“He’s anxious to be self-sufficient,” Cifarelli said. “He wants to get around and do his thing. He wants to buy a specially equipped van. He wants to get his own van. This will help.”

A request by both sides for formal approval of the agreement has been set for Nov. 5.