Healthcare Challenges of Michael Stuart

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Michael Stuart’s health has been severely impacted by degenerative disc disease, which worsened significantly following an unsuccessful surgery on August 3, 2021. This surgery, conducted by a VA Community care practitioner, involved critical errors, including the fusion of incorrect spinal levels and the improper fitting of pedicle screws. The delay in rectifying these errors extended over two years, contributing to his further decline in health.

For an in-depth understanding of Mr. Stuart’s medical history, the following records are pivotal:

  1. The VA Medical Center Dallas, serving as his primary healthcare provider.
  2. Records from Dr. Kesterson of the Center for Neurological Disorders (CND), who was chosen by the Dallas VA to perform Mr. Stuart’s surgery. His records are housed at John Peter Smith (JPS) Hospital, Fort Worth.
  3. UT Southwestern, another provider under VA community care, involved in the post-operative phase and addressing the issues with the pedicle screws.
  4. Baylor Medical Center, operating under the Affordable Care Act, identified flatback syndrome resulting from the surgery. This diagnosis was supported by Dr. Gillard, a Life Chiropractic College professor, and Dr. Giri, a neurosurgeon at Texas Neuro Spine Institute.

A thorough review of these documents reveals a significant gap in post-surgical care. Additionally, the records indicate that Dr. Kesterson’s handling of the surgery and the subsequent delay in corrective treatment exacerbated Mr. Stuart’s condition and led to additional health problems.

The key events in Mr. Stuart’s medical journey include:

  1. Initial consultation with Dr. Kesterson through the Dallas VA for chronic back and leg pain on March 22, 2021.
  2. Touchstone Medical Imaging’s report on April 13, 2021, highlighting acute problems in the L2-L4 lumbar spine region.
  3. JPS Hospital’s confirmation of Mr. Stuart’s consent for L2-L4 fusion and L3-L4 TLIF surgery on August 3, 2021.
  4. Dr. Kesterson’s post-operative report on August 4, 2021, unexpectedly indicating a change to an L1-L3 fusion, without detailed explanation.
  5. Texas Medical Board’s action against Dr. Kesterson on August 19, 2022, questioning the alteration in surgical procedure.
  6. Evidence of increasing discomfort for Mr. Stuart and a notable absence of post-operative care in JPS medical records post August 18, 2021
  7. VA Dallas CT scan on October 30, 2021, uncovering issues with the pedicle screws.
  8. UT Southwestern’s report on March 22, 2022, showing difficulties in acquiring the VA’s CT scan and failing to diagnose the surgical complication
  9. Dr. Eversull’s advice in May 2023 to seek further opinions due to unresolved complications.VA’s failure to diagnose and treat flatback syndrome from June to September 2023, as evidenced by various VA assessments and scans.
  10. Transition of Mr. Stuart’s care to Baylor Medical Center with private insurance on October 15, 2023.
  11. . Baylor Medical Center’s diagnosis of flatback syndrome and planning of revision surgery on November 3, 2023.
  12. The Dallas VA’s acknowledgment of errors and approval of additional funding for Baylor Medical Center on November 15, 2023.
  13. Dr. Gillard’s agreement with Baylor’s surgical plan on November 24, 2023.
  14. Scheduled revision surgery at Baylor Medical Center on January 4, 2024.

This case exemplifies the severe consequences of ‘wrong site spine surgery’ and inadequate post-operative care. Mr. Stuart now suffers from continuous pain, mobility issues, altered posture, and emotional distress, all directly linked to the surgical errors and the prolonged wait for corrective treatment.

The negligence is further highlighted by multiple healthcare providers, including Baylor Scott & White Spine & Scoliosis Center, identifying the flatback syndrome, which was overlooked by the Dallas VA and Dr. Kesterson for over two and a half years.

In response, Mr. Stuart engaged American Medical Experts LLC on December 23, 2023, to review his medical records and provide an expert opinion on the potential negligence and standard of care provided by the Dallas VA and its community care providers from March 2021 through October 2023.

The Texas Medical Board’s findings against Dr. Kesterson and the diagnosis from Baylor Medical Center substantiate claims of negligence. The Dallas VA’s recent approval of additional funding for Baylor

Medical Center further acknowledges their errors in care.
Mr. Stuart is pursuing a claim under 38 USC 1151, citing disabilities resulting from inadequate post-surgical care between September 2021 and November 2023, as well as initiating civil litigation against Dr. Kesterson.

Mr. Stuart acknowledges the vital role that both JPS and UT Southwestern hospitals play in delivering crucial healthcare services to the local community. He does not intend to tarnish their reputations but aims to provide constructive feedback on specific aspects of his personal experience to aid in the potential improvement of patient care. He respectfully requests that these insights not be interpreted as attributing any negligence to these institutions.