$2,000,000 Settlement for Anesthesia Malpractice / Wrongful Death
- Date: Fall 2007
- Settlement: $2,000,000
- Practice Areas: Medical Malpractice, Anesthesia Malpractice, Wrongful Death
The firm settled this case after trial, but just before summations. The case involved failure by an anesthesiologist to recognize three different risk factors in his patient for vomiting/regurgitation under anesthesia. The anesthesiologist also failed to employ accepted safeguards, such as cricoid pressure, to close off the patent’s esophagus during the critical minute he was at risk for regurgitation. These failures lead to aspiration of gastric contents and the death of a 59 year-old man during routine kidney stone surgery. The sole defendant anesthesiologist was insured by an insurance carrier which was in financial rehabilitation, and maintained it would not settle any case in excess of $1,000,000 However, our attorney was able to graphically show during the trial that four other medical treaters had recognized and recorded the risk factors for aspiration, which included a history of GERD (gastroesophageal reflux disease), an ileus (paralyzed small bowel), and vomiting after taking nothing by mouth the night before surgery. The firm also showed that it was the defendant’s job to have read the patient’s record and to make himself aware of those risks.