Request Legal Help Now - Free


$1,475,000 Settlement for Failure to Diagnose

This is a settlement for the Negligence lawsuit.

Harris County, TX: A diabetic man who has lost the ability to walk and may have to undergo amputation below the knee has recovered $1,475,000 in a lawsuit he brought against the doctor who failed to diagnose the condition responsible - Charcot Foot.

David Luna alleges that in 2006 he had continued swelling of his leg and foot and alerted his doctor at a Diabetic Centers of America facility to the fact. Luna claims that his physician told him that the swelling was a by-product of his diabetes and that he would have to live with it. However, Luna later sought the opinion of a podiatrist who diagnosed him with Charcot foot, and the podiatrist contended Luna must have been suffering from the condition while he was seeing is original doctor.

Luna claims that the failure to diagnose Charcot foot led to ulcers and infections, and as a consequence he can no longer walk and may even have to have his leg amputated below the knee.

Luna's original doctor argued that he performed all adequate testing and that Luna never complained about his foot after his first visit. The jury awarded Luna and his wife $2.27 million in damages, but it was reduced to due comparative negligence.

Legal Help

If you have a similar problem and would like to be contacted by a lawyer at no cost or obligation, please click the link below.
Published on Mar-1-10


Posted by

on 12/1/08 had L4-5 fusion by neurosurgeon @ UCLA spine center. After surgery doctor told me & husband that he had "nicked" my spine but took care of it with the "medical superglue". Nothing to worry about. Approx 2 weeks had post op appointment, everything ok. After that dr on sabbatical when I started having constant pain in left hip. Sent multiple emails to my Dr and his Nurse practioner. NP told me dr out of office. I have all emails from Dec '08 until Feb '09 at which time I was kicked out of UCLA. I couldnt move my leg at that point. My former primary dr saw me immediately and sent me to have emergency MRI which revealed I had a huge fungal infection surrounding my lumbar fusion. I was also diagnosed with Arachnoiditis which is an irreversable spinal injury by medical professionals. My neuro admitted to me in March '09 that I did have Arachnoiditis and was shocked that I had a fungal infection. After all of my complaints and no treatment at UCLA for months, I was neglected by UCLA and my neurosurgeon which resulted in the fungal infection. My surgery for emergency surgery was done within 24 hours at Hoag Hosp NB, being told that if I hadnt come in I most likely would have died. Have all medical records from both UCLA and Hoag Hospital. I believe the neuro at UCLA knew what he had done, but never saw me during Jan & Feb '09 and was not acknowledging any cause for not sending me to another dr at UCLA, etc. This is really hard on me bc I almost died and ended up with the 3rd surgery and many months with Picc line and very powerful antibiotics that made me sick, such as VFend. i really need help bc he ruined my life.


Please read our comment guidelines before posting.

Note: Your name will be published with your comment.

Your email will only be used if a response is needed.

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.

Request Legal Help Now! - Free