Ken Rothweiler, Esq., and Daniel Jeck, Esq., recently achieved a $1.95 million settlement on behalf of the family of a 14-year-old girl who presented to a local hospital in order to undergo an 18-minute operative procedure under minimal general anesthesia. But she never awoke and ultimately died.
The medical records for the procedure as written indicated that nothing went wrong. All vital signs were noted as stable during the procedure. However, according to a subsequent record, the patient demonstrated a lower oxygen saturation rate when she was first accepted into the post-surgery unit. During litigation, Jeck discovered that the patient’s oral airway (a small piece of plastic inserted into the mouth to prevent the tongue from covering the throat while under anesthesia) had been removed post-operatively before the patient awakened and against written hospital policy. Attorneys Rothweiler and Jeck argued that this resulted in an obstruction during the undocumented time of patient transfer resulting in a lack of oxygen sufficient to cause brain damage and, eventually, death.
Defendants argued that the records did not support allegations of negligence but could not offer a reason about why this tragic event occurred. Settlement was reached just prior to commencement of trial.