Suit says hospital negligent

0 Comments | Oakland Tribune, Dec 21, 2005 | by Laura Ernde, STAFF WRITER

Yoko Wamser underwent surgery last year for neck pain. But when she woke up, she was paralyzed from the neck down.

Now she is suing Mills-Peninsula Hospital and two doctors there, claiming a case of medical malpractice has left her disabled and living in a nursing home for life.

"It's a devastating injury," said her lawyer, Stephen Ball of Pasadena.

Ball said Wamser is in her mid-60s. He declined to give her hometown for privacy reasons. Wamser's daughter, KayeGraham, filed the suit on her behalf as her guardian.

The lawsuit, filed last week in San Mateo County Superior Court, said Wamser had spinal surgery on Dec. 21, 2004, at Mills- Peninsula's hospital in Burlingame. Two doctors there, Theodore Baiz and Sharon Brekhus, were named as defendants.

The type of surgery Wamser had carries the risk of paralysis, according to Spine-Health.com, a Web site run by doctors to provide information to their patients.

But Wamser claims that medical negligence led to her permanent paralysis.

The hospital could not comment because it had not yet been served with the lawsuit, said spokeswoman Margie O'Clair.

Medtronic Inc., the maker of the plates and screws that were used in the surgery, was also named as a defendant. The suit claimed the equipment didn't come with adequate instructions for its use.

The Minneapolis-based company also could not comment because it was awaiting notification of the suit, said spokesman Bert Kelly.