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Medication Error – Woman Suffers Permanent Facial Paralysis

A Confidential Settlement was Reached

Mrs. S was referred to an ENT surgeon to remove a benign tumor in her neck. The surgical plan involved the use of a monitoring device to help the ENT find – and avoid cutting – Mrs. S’s facial nerve. The device is simple: If the ENT touches the nerve with an instrument, an alarm sounds, warning him not to cut it.

When Mrs. S awoke from surgery, the right side of her face was paralyzed. The ENT recognized that he must have cut the facial nerve, but he couldn’t figure out how it happened since the alarm never sounded. Unfortunately, Mrs. S’s face was permanently paralyzed, and nobody could explain what happened. That’s when Mrs. S hired The Eisen Law Firm to investigate.

The Eisen Law Firm searched through the medical records and uncovered the truth buried in the fine print. According to the anesthesia chart, Mrs. S was given a drug during surgery, this medication error temporarily paralyzed her facial nerve, which fully explains why the alarm did not sound when the ENT stimulated and cut the nerve. The Eisen Law Firm made the analogy to the board game Operation: giving that drug was like removing the batteries from the game – the board won’t “buzz” no matter what the surgeon touches. The case was settled before trial for a confidential sum.