$______ PLAINTIFF'S VERDICT - MEDICAL MALPRACTICE - SURGERY NEGLIGENCE - FAILURE TO TIMELY DIAGNOSE AND TREAT INTRA-ABDOMINAL BLEEDING AND RETROPERITONEAL BLEEDING - WRONGFUL DEATH OF 51-YEAR-OLD MALE.

Pages4-5
$1,250,000 CONFIDENTIAL RECOVERY – MEDICAL MALPRACTICE – NURSING
NEGLIGENCE – FAILURE TO TREAT DETERIORATING RESPIRATORY CONDITION –
FAILURE TO CLEAR MUCOUS BUILDUP IN AIRWAY – WRONGFUL DEATH OF 57-YEAR-
OLD FOLLOWING JAW SURGERY.
Withheld County, MA
In this medical malpractice matter, the plaintiff
alleged that the defendant nurse was responsible
for the wrongful death of the plaintiff’s decedent
who suffered respiratory blockage due to large
mucous buildup which resulted in brain damage.
The decedent was taken off life support and died
shortly after this incident. The defendant nurse
denied the allegations and disputed that there
was any deviation from acceptable standards of
care.
The 57-year-old male patient came under the care of
the defendant nurse following surgery to remove a
benign cyst from his jaw. Following the surgery, he de-
veloped respiratory complications which included in-
creased mucous secretions in his airways that left him
with partially collapsed lung and persistent difficulty
breathing. These complications kept him in the inten-
sive care unit for approximately 6 days until such time
as he was moved into the surgical floor and came
under the defendant’s care.
The patient complained to the defendant nurse that
he was unable to breathe, yet the nurse failed to con-
tact a respiratory therapist or a physician. The patient
collapsed shortly thereafter and became unrespon-
sive. The medical team removed large mucous plugs
from his airways; however, the patient had suffered
oxygen deprivation and brain damage which resulted
in the need for life support. After a few days, the fam-
ily removed the decedent from life support.
The plaintiff brought suit against the defendant nurse
alleging negligence. The plaintiff alleged that the
nurse failed to immediately act to treat the decedent
or obtain medical assistance when the decedent
complained of difficulty breathing. There was evi-
dence that the nurse failed to alert a physician or re-
spiratory therapist of the decedent’s deteriorating
respiratory condition.
The defendant nurse denied the allegations. The
nurse maintained that there was no deviation from
acceptable standards of care. The nurse contended
that the patient did not exhibit any signs of distress
and his oxygen saturation rate was normal when he
was complaining of difficulty breathing. The defen-
dant maintained that the decedent’s death was not
predictable and sudden.
The parties agreed to resolve the plaintiff’s claim for
the sum of $1,250,000 following a mediation one
month prior to the trial in this matter.
REFERENCE
Estate of 57-Year-Old vs. Defendant Nurse. 09-01-21.
Attorneys for plaintiff: Jeffrey N. Catalano and Maria
T. Davis of Todd & Weld, LLP in Boston, MA.
$32,000 PLAINTIFF’S VERDICT – MEDICAL MALPRACTICE – SURGERY NEGLIGENCE –
FAILURE TO TIMELY DIAGNOSE AND TREAT INTRA-ABDOMINAL BLEEDING AND
RETROPERITONEAL BLEEDING – WRONGFUL DEATH OF 51-YEAR-OLD MALE.
New Haven County, CT
In this medical malpractice matter, the plaintiff
alleged that the defendants failed to timely
diagnose and treat the decedent’s abdominal
bleed which resulted in his death. The defendants
denied the allegations and disputed that there
was any deviation from acceptable standards of
care in their treatment of the decedent. The
defendants also disputed the plaintiff’s claim of
damages.
The 51-year-old male decedent entered the defen-
dant’s emergency department at approximately 9:00
a.m. with complaints of abdominal pain. Diagnostic
testing performed in the emergency department indi-
cated an abdominal bleed. The treating E.R. physi-
cian contacted a general surgeon who in turn
contained the defendant, a vascular surgeon. The
vascular surgeon arrived at approximately 11:30 a.m.
at the hospital and took over the care of the dece-
dent. The defendant performed an angiogram in or-
der to identify the source of the abdominal bleed, but
when that was unsuccessful, it was transitioned to a
full open laparotomy procedure.
The source of the bleed was identified. However, the
decedent died at approximately 3:30 p.m. despite
the surgical intervention. The plaintiff alleged that the
defendant was negligent in failing to timely order di-
agnostic imaging which would have more easily iden-
tified the bleed and in failing to immediately perform
surgery on the decedent. The plaintiff contended that
the delay in diagnosing and repairing the bleed
resulting in the decedent’s untimely death.
The defendant vascular surgeon denied the allega-
tions. The defendant denied that there was any devi-
ation from acceptable standards of care and
disputed that he was responsible for the decedent’s
injuries and resulting death. The defendant also dis-
puted the nature and extent of the plaintiff’s claim for
damages.
4FEATURED CASES
Volume 37, Issue 10, May 2022 Subscribe Now

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