Patient settles medical case for $3 million
Plaintiff claimed post-surgical errors caused her permanent brain injury

A patient claiming she suffered a permanent brain injury because of post-surgical errors has reached a $3 million settlement of her medical malpractice case against the Missouri hospital and doctors involved in her treatment.

The identities of all parties are subject to a confidentiality agreement.

The plaintiff, 47, was diagnosed with a possible thyroid follicular neoplasm in March 2006. She was presented to defendant hospital for a right thyroid lobectomy on April 6, 2006. The defendant surgeon completed the surgery shortly after 10 a.m.

The plaintiff was subsequently transferred to the post-anesthesia care unit and then to a short-stay room. About 1 p.m. plaintiff began exhibiting signs of post-operative bleeding in her neck, a well-known complication that can quickly obstruct a patient's airway. The surgeon ordered her back to the post-anesthesia care unit.

The plaintiff exhibited signs of an active bleed, including right neck swelling and difficulty speaking beyond a whisper. Within half an hour of arriving back in the post-anesthesia care unit, the swelling of the plaintiff's right neck expanded to both sides, and she was unable to speak.

A second defendant doctor was paged to see the plaintiff. At the time of his consult, the plaintiff's neck remained swollen, and she continued to complain of difficulty breathing and speaking. Despite the plaintiff's allegedly deteriorating condition, the doctor simply ordered the nurses to continue to monitor her.

The plaintiff's bilateral neck swelling increased further, and she continued to complain of shortness of breath. Because of her worsening condition, a third doctor saw her and quickly notified an attending anesthesiologist. Upon arrival, the anesthesiologist noted plaintiff was sitting upright in bed and was gray and blue, signs of oxygen deprivation.

About two hours and 40 minutes after plaintiff first exhibited symptoms of breathing difficulty, inability to speak and severe bilateral neck swelling, the surgeon ordered the plaintiff transferred back to the operating room for an emergency evacuation of the neck hematoma. The surgical team attempted to intubate the plaintiff during the procedure.

Because of the massive swelling near her trachea, the anesthesia team had trouble gaining airway control and placed the tube in her esophagus, which went unrecognized for a short time. As a result, the plaintiff's end-tidal carbon dioxide was lost, her oxygen saturation levels dropped below 50 percent, and she eventually had no pulse.

The delay in treating her post-operative bleed and the failure to timely secure her airway during the second surgery ultimately caused plaintiff to suffer a hypoxic and ischemic brain injury, said James P. Frickleton, who represented plaintiff with Michael C. Rader, both of Bartimus, Frickleton Robertson & Gorny in Kansas City. The plaintiff suffers permanent cerebral dysfunction.

The plaintiff and her husband asserted negligence claims against the hospital and physicians. Following mediation, the parties settled for $3 million.

A confidential attorney representing one of the defendants confirmed the settlement details but declined further comment.

Facts of the Case

Type of Action: Medical malpractice

Court: Confidential

Case Number/Date: Confidential/Sept. 9, 2008

Judge: Confidential

Verdict or Settlement: $3 million settlement

Plaintiffs' Experts: Dr. Steven Barnes, Chicago (anesthesia); Dr. Casey Blitt, San Diego, (anesthesia); Dr. Constantine Frantzides, Chicago (general surgery); Gerald Miller, Kansas City (economist); Dr. Miguel Velez, Anaheim (general surgery); Dr. Terry Winkler, Springfield (physiatrist)

Defendants' Experts: Confidential

Special Damages: Undetermined

Insurance Carrier: Confidential

Caption: Jane Doe, et ux. v. confidential hospital and doctors

Plaintiffs' Attorneys: James P. Frickleton and Michael C. Rader, Bartimus, Frickleton Robertson & Gorny, Kansas City

Defendants' Attorneys: Confidential