$2,040,000 Fatal Brain Injury

Injuries: Profound brain injury, persistent vegetative state, wrongful death

Amount of Award: $2,040,000

Date of Settlement: March 2007

Plaintiffs’ Attorney: Marc L. Breakstone Boston, Massachusetts

Court: Suffolk Superior Court

Other Useful Information

The 72 year old victim suffered a profound brain injury during general anesthesia when the defendant attending anesthesiologist turned off the ventilator to suction the patient, but neglected to turn it back on when he reconnected the patient to the breathing circuit.  The attending anesthesiologist left the operating room to perform another procedure and left a first year resident anesthesiologist in charge.  During several minutes of deteriorating vital signs, the negligent defendant resident failed to appreciate that the ventilator had been turned off.  The doctor tried for several minutes to restore normal respirations, but failed.  Finally, the physician called for assistance and a third anesthesiologist came in and turned the ventilator back on.  Plaintiff was successfully resuscitated, but not before he suffered a profound hypoxic episode resulting in permanent brain damage.

As a result of this malpractice, the plaintiff remained comatose in a persistent vegetative state until his death, 19 months later.  He was survived by two dependent children.  Claims against the attending anesthesiologist, the resident, the nonprofit anesthesia group and the nonprofit hospital, were resolved for the full policy limits in the amount of $2,040,000.00.

Choosing a Massachusetts Anesthesia Malpractice Lawyer

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