Anesthesia Error Results in Death of 44-Year-Old Father

The Eisen Law Firm Wrongful Death Case Facts

Evan B. was a 44-year-old man with a medical history of obstructive sleep apnea and obesity. He accidentally spilled a pot of boiling water on himself, causing second-degree burns to his chest, abdomen, groin, and arms, and he went immediately to a top-notch Ohio Medical facility’s burn unit.

After being stabilized and prepared for surgery, Evan was taken to the operating room and given anesthesia so the surgeons could begin helping him with his burns. The Anesthesia Team (the Anesthesiologist and CRNA) were fully aware of Evan’s medical history, and it was their job to protect his airway during and after surgery. Unfortunately, they failed to take the necessary precautions to prevent a post-operative respiratory problem for this high-risk patient. As a result, when they were transporting him from the 2^nd^ floor operating room back to his ICU room on the 5^th^ floor, he predictably began to suffer respiratory distress due to the lingering effects of anesthesia combined with his obstructive sleep apnea and obesity. The Anesthesia Team was not prepared to – and failed to – timely intervene.

The Anesthesia Team should have had with them a bag-valve-mask to assist Evan with his breathing. However, they failed to carry it, even though they knew he had sleep apnea and was obese, and that these conditions could lead to issues with coming out of anesthesia. By the time they reached his room and applied a bag-valve-mask, it was too late.

A Code Blue was called and eventually Evan was resuscitated, but he had gone without oxygen for so long that he suffered an hypoxic brain injury. He never recovered or regained consciousness, and ultimately he passed away.

The Eisen Law Firm Wrongful Death Case: Investigation and Preparation

Evan’s family wondered whether his death may have been preventable. Accordingly, the family set out to locate an experienced and reputable medical negligence law firm. After being turned down by one respected firm, the family contacted The Eisen Law Firm.

The Eisen Law Firm began by obtaining and reviewing the medical records from the hospital admission. Eisen Law Firm attorneys do not utilize nurse paralegals; instead, they review all medical records themselves, as they did in this case. From this review, it became apparent that no vital signs were documented for the entire 15-minute transport after surgery. This was highly suspicious, but also could make it difficult (or impossible) to prove when the vital signs changed and when, therefore, The Anesthesia Team should have intervened.

Just as Eisen Law Firm attorneys do not rely on paralegals or third-party services to review and analyze medical records, they perform their own exhaustive medical research. In this case, lead attorney Todd Gurney personally researched, retrieved, reviewed, and analyzed several primary journal articles, texts, and other research materials relating to post-operative anesthesia care for obese patients with obstructive sleep apnea.

Once he developed an understanding of the issues and events surrounding Evan’s medical history and the post-operative anesthesia care he received, Mr. Gurney consulted with board-certified experts in anesthesiology and critical care medicine to review the case and provide the requisite “Affidavits of Merit” so that a lawsuit could proceed.

The Eisen Law Firm Wrongful Death Case: Litigation

The Eisen Law Firm filed suit against the hospital, the anesthesiologist (and his practice group), and the CRNA. Because the anesthesiologist was a dual employee of a private practice group and the State of Ohio, suit was filed both in Common Pleas Court and the Court of Claims (in the event the anesthesiologist was determined to be immune from civil liability in common pleas court, the case could proceed in the court of claims). Mr. Gurney entered into a Clawson stipulation with the anesthesiologist and his group, whereby the anesthesiologist would be dismissed from the case, but the lawsuit would proceed in common pleas court directly against the anesthesiologist’s practice. This was a legal maneuver that, unfortunately, many law firms screw up. That is why victims of medical negligence need to hire a reputable, knowledgeable, and successful firm like the Eisen Law Firm, a firm that knows the ins and outs of medical malpractice laws and strategies.

After the lawsuits were filed, extensive written discovery was exchanged, and depositions were taken of the Defendants (Anesthesiologist and CRNA), several nurses involved in Evan’s care, and several other witnesses.

In preparation for trial, The Eisen Law Firm produced detailed expert reports from an anesthesiologist, CRNA, anesthesia/critical care specialist, and an economist. Based on the strength of the expert reports and the experts’ superb qualifications, the parties agreed to schedule a private mediation in an attempt to resolve the matter before expert depositions were conducted, and before Evan’s children had to be deposed.

Mediation was held and based on the case facts and preparation of the case, a confidential medium-to-high, seven-figure settlement was reached (on a case initially turned down by another firm!).