Hypoxic brain injury (resulting in death) after loss of oxygen during anesthesiology procedure
Our client was a 58-year-old man who suffered a dislocation of a left hip prosthesis after a fall. After going to the emergency room of a hospital located in the mid-Atlantic region, he was evaluated prior to the necessary orthopedic surgery required to undergo a medical procedure to re-socket his prosthetic hip.
During surgery, several attempts using endotracheal intubation were made to secure his airway for oxygen, but ultimately the patient's airway and oxygen was lost and an emergency tracheostomy was performed. Due to loss of oxygen, the patient suffered a global hypoxic brain injury as a result. After being released from intensive care, the plaintiff lingered on life support more than 2 weeks, and died during hospice care. He was survived by his wife and two adult children who were statutory beneficiaries.
Strategy Used by Our Legal Team:
Our team conducted research on the applicable medical malpractice standards of care on anesthesiology and surgical issues, and ultimately retained three separate anesthesiology experts each who provided opinions that the medical standards of care had been violated. Also, we arranged for a complete “private autopsy” by a pathologist which eliminated other potential causes of the brain injury and causes of hypoxia--other than the surgical emergency hypoxia.
We sued multiple parties for medical malpractice and wrongful death claims, and ultimately numerous depositions were conducted of nursing staff and physicians with involvement in the treatment and care of our client, along with some expert witness depositions.
Our firm represented the victim's family and were able to secure a settlement that is in the range of $1.5 million and $2 million.
Attorneys for plaintiff:
Richard N. Shapiro, Esq.
Kevin Duffan, Esq.
Located in Virginia Beach, Virginia