Madison - St. Clair Record

Sunday, February 23, 2020

Patient alleges physical therapy exacerbated back injury

By Molly English-Bowers | Dec 23, 2015


An Illinois man is suing a Highland physical therapy center, alleging an exercise he performed had exacerbated his lumbar disc injury.

Myles Davis filed a lawsuit Sept. 29 in Madison County Circuit Court against Apex Physical Therapy and Erie Wessel, alleging medical malpractice.

According to the complaint, on Feb. 15, 2013, Davis had lumbar disc replacement surgery performed by a physician in Missouri and was released to full work duty effective Sept. 30, 2013. On that day, the suit says, Wessel performed a functional employment test on the plaintiff at Apex's Highland facility. The test was at the request of Davis' employer.

During the test, the lawsuit states, Wessel asked Davis to lift and lower 160-pound half barrels, load them onto a dolly, transport them up ramps and stairs, and then lift them again. None of these activities were authorized by the plaintiff's physician, the suit says.

The complaint says the plaintiff's lower back was injured as a result, and his physician placed permanent restrictions on him. 

Davis seeks at least $50,000, plus court costs, attorney fees and any other relief the court deems just. He is represented by attorney Steven W. Selby of Smith, Mendenhall, Selby & Cole in Alton.

Madison County Circuit Court case number 15-L-1249

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