ADRIAN
— A Manitou Beach man told a jury Tuesday about regaining some
control over the lower part of his body after a stem cell surgical
procedure on his crushed spinal cord. The Lenawee County Circuit Court
jury is to begin deciding today if the treatment was “reasonably
necessary” for coverage under Michigan’s no- fault auto
insurance law.
Home Owners Insurance Co. is being sued for
refusing to reimburse $51,000 Kevin Krohn spent to have the procedure
done in Portugal in 2005, claiming it does not meet the legal test for
treatments it must pay for under the no-fault law.
Krohn said
the improved quality of life leaves no doubt in his mind that the
experimental treatment was necessary. Four years after he was left a
paraplegic from car crash injuries, Krohn regained bladder and bowel
control and is able to move his hips and legs. His overall health has
improved, he said.
“Absolutely. I believe I owed it to my
wife and my kids to do anything reasonable to help my condition,”
Krohn told the jury.
The legal issue the jury must decide is how
to apply the state’s auto insurance law to Krohn’s case.
The law requires insurance companies to provide “reasonably
necessary” treatment and services to people injured in auto
crashes.
Krohn’s attorney, Craig Pollard of Ann Arbor,
told the jury during opening statements that testimony from doctors
would show the procedure was the only option his client had to improve
his condition.
“Without the procedure he has absolutely no
chance of recovery,” Pollard said. Cutting-edge technology was
used to graft stem cells from his nasal membrane to his injured spinal
cord to rebuild nerve connections. The benefits Krohn received are
evidence that it was necessary for his recovery, he said.
Home
Owners attorney Allen Philbrick, also of Ann Arbor, told the jury that
testimony would establish just the opposite. Krohn received an
experimental procedure abroad that has not been approved in the United
States, he said, and no proof has been offered that it caused the
improvements in Krohn’s condition. Intense physical therapy that
followed the surgery could be responsible, he said.
“We
believe that as much as we admire Kevin Krohn for being willing to
participate in this experiment, we do not believe this is a no-fault
benefit,” Philbrick told the jury.
Krohn told the jury
about how he researched the stem cell procedure being done in Portugal
by Dr. Carlos Lima. He went to the Rehabilitation Institute of Michigan
at Detroit Medical Center where Dr. Steven Hinderer helped arrange the
surgery, he said.
“I’m sure the word
‘experimental’ was used, Krohn said. “He said he
could not recommend it. Legally, that’s how he had to do
it.”
Krohn said he felt improvements immediately after the surgery.
“I
could feel my bladder fill,” he told the jury. He regained bowel
movement for the first time since the car crash, he said. When he
returned to Michigan he began an intense physical therapy program under
Hinderer’s direction that he is still continuing at home.
Hinderer
said nearly 40 patients in his spinal injury recovery program have
traveled to Portugal to receive the stem cell treatment. “In
certain individuals, there are recoveries beyond what we would
anticipate through normal recovery procedures,” he said in video
testimony taken last week and played for the jury.
Normally,
people with severe spinal cord injuries experience 99 percent of the
recovery they will have within a year of their injuries, Hinderer said.
More than four years after his injury, Krohn gained hip flexion and
trace knee extensions as well as regaining bladder and bowel control,
Hinderer said.
It is “virtually unheard of” for
someone in Krohn’s condition to experience such
“substantial improvement,” Hinderer testified. “It
would seem likely that the surgery played some role,” he said.
Under
questioning by Philbrick, Hinderer said that since the procedure is not
approved by the United States Food and Drug Administration it is not a
standard of care and therefore, by definition, cannot be classified as
necessary. Hinderer said exhaustive research would be necessary to
determine Krohn’s recovery could not have occurred without the
stem cell graph.
In his video testimony, Lima stated the procedure was necessary for Krohn’s recovery.
“Would he have shown improvement without the surgery?” Pollard asked.
“No.
He would not show,” Lima answered. The level of Krohn’s
improvement “was quite unexpected,” Lima stated.
Krohn’s spinal injury was one of the most severe he has treated
in the program, he said. Since 2001, 110 patients have been treated
from Portugal, Italy, the United Kingdom, Denmark, Iceland, India and
Spain, he said.
“A majority of the patients have some
improvements,” Lima said. And improvements continuing year after
year, he said.
Philbrick questioned Lima about evaluation
methods used in ongoing studies of the procedure and the fact no one in
the United States has applied for FDA permission to begin using it here.
Testimony
is expected to be completed today in Judge Timothy P. Pickard’s
court and the case sent to the jury for a decision.