Anesthesia Error Results in Death of 55-year-old Wife and Mother

The Medical Malpractice and Wrongful Death Case Facts

Marisa C. went to her orthopedic surgeon, complaining of pain in her left knee. The pain had been bothering Marisa for eight months. The doctor recommended arthroscopic knee surgery for a torn meniscus and scheduled this surgery to take place at the ambulatory surgical center where he regularly operated. The surgery was expected to be relatively quick and straightforward. But something very unexpected happened. During surgery, Marisa suffered a respiratory arrest. In other words, Marisa stopped breathing.

Cardiopulmonary resuscitation was performed, and Marisa began breathing again. She was then transferred to Firelands Regional Medical Center. Unfortunately, Marisa’s brain was deprived of oxygen during the respiratory arrest, she never recovered consciousness, and she died at the age of 55. Marisa was survived by her husband, two adult children, her mother, and two siblings.

Building Our Medical Error Case

After obtaining Marisa’s medical records, The Eisen Law Firm discovered that Marisa had a condition called “pulmonary hypertension” (“PHTN”). This is a serious cardiovascular disorder in which there is increased pressure in the pulmonary arteries. These arteries carry blood from the heart to the lungs to pick up oxygen. As a consequence of her PHTN, Marisa had been placed on home oxygen and on a medication called Revatio.

The Eisen Law firm retained a board-certified anesthesiologist, who independently determined that the anesthesia plan developed by the attending anesthesiologist and carried out by a certified registered nurse anesthetist (“CRNA”) was inappropriate for a patient with pulmonary hypertension. The plan appeared to be developed without regard to Marisa’s serious cardiovascular condition. According to the anesthesiology expert, it was predictable that someone with Marisa’s condition would experience respiratory problems while under the type of anesthesia she was given.

Moving Our Medical Malpractice Case to Trial

The Eisen Law Firm filed suit in Erie County Common Pleas Court against the orthopedic surgeon, the anesthesiologist, the CRNA, their various respective employers, and the surgical center. Early discovery focused on the relationships of the various individuals and entities and on who had or should have had knowledge of Marisa’s pulmonary hypertension.

The Eisen Law Firm soon began to suspect that one key component of Marisa’s medical records had been altered and other important documents had been destroyed. Accordingly, The Eisen Law Firm amended the lawsuit to add a claim for spoliation of evidence. In addition, the firm sought to search the hard drive of the defendant orthopedic surgeon for evidence that he or someone under his direction had altered the records. Following a full-blown evidentiary hearing that included the testimony of The Eisen Law Firm’s expert in computer forensic analysis, the trial court ordered a search of the doctor’s hard drive. That order resulted in an immediate interlocutory appeal. An interlocutory appeal occurs when a ruling by a trial court is appealed before the case has been heard by a jury.

Our Medical Negligence Case: The Appeals

The court of appeals affirmed the trial court’s order. In other words, it agreed with The Eisen Law Firm’s position that it should be able to inspect the doctor’s hard drive. However, the doctor still did not want to turn over the hard drive containing Marisa’s medical records (as well as those of other patients). Accordingly, he filed a discretionary appeal, asking the Ohio Supreme Court to take on the case. Brian Eisen, lead attorney for The Eisen Law Firm, convinced the Supreme Court to reject the appeal. Then, the doctor had no choice. The Eisen Law Firm’s forensic analyst obtained, duplicated, and searched the doctor’s computer hard drive for evidence to support the claims of spoliation.

Our Medical Negligence Case: Continued Litigation

Although the appellate process slowed the litigation considerably, it did not stop it altogether. The parties continued litigating even while the case was on appeal. The various defendants identified experts in Orthopedic Surgery, Anesthesiology, and Pulmonary and Critical Care Medicine. Their case centered on four contentions: (1) the plan for anesthesia was appropriate, even for a patient with pulmonary hypertension; (2) the development of respiratory arrest is a known complication of the administration of any general anesthetic; (3) when Marisa developed respiratory arrest, the medical personnel responded immediately and appropriately; and (4) due to Marisa’s underlying severe cardiovascular disease, her life expectancy was extremely limited.

We conceded that Marisa’s life expectancy was limited: her own pulmonologist testified that she had no more than five years of remaining life expectancy. But we maintained that Marisa’s death could have and should have been prevented. The problem was that the physicians didn’t communicate with each other. The orthopedic surgeon knew Marisa was on Revatio, but he did not know the medication was for pulmonary hypertension. The anesthesiologist knew that Revatio was for pulmonary hypertension, but he did not know Marisa was on Revatio.

Our Medical Negligence Case: Mediation and Settlement Phase

During the course of litigation, both private and court-conducted mediation was attempted several times. Each time it ended in an impasse. Eventually, however, the parties agreed to a negotiated settlement. While The Eisen Law Firm was ready and willing to go to trial, Marisa’s husband and children preferred to accept this settlement, rather than to continue on with the litigation and subject themselves and the case to the uncertainties of trial. This case took longer than most of our cases, as we had to endure – and win – a mid-litigation appeal, but The Eisen Law Firm’s relentless and aggressive advocacy secured another win for our clients and for patient safety.