Obese man suffered brain damage after elective surgery – $2,150,000 Settlement

John Doe, 24, was scheduled for elective gall bladder removal. Due to morbid obesity, a sleep study had been ordered to check for sleep apnea. Surgery was scheduled without the sleep apnea results. The plan was for an overnight admission following surgery with the patient being monitored by continuous pulse oximetry. Surgery was uneventful and the surgeon wrote electronic orders for the overnight admission to the hospital, which included narcotics for pain, and an order for continuous pulse oximetry monitoring that was entered to begin on the wrong day. A hospital nurse acknowledged the continuous pulse oximetry order but did not effect it due to the date error. During the overnight admission, John Doe experienced a respiratory arrest and is now permanently brain damaged. He is confined to a wheelchair, cannot toilet himself and lives with his grandmother who provides 24/7 care. John Doe’s life care plan estimated his future medical costs at $16 million. The Virginia medical malpractice cap limited his recoverable damages to $2.2 million. After extensive litigation, the case resolved for $2.15 million. Medicaid will pay the remainder of his future medical care.

[19-T-070]

Type of action: Medical Malpractice

Injuries alleged: Hypoxia leading to permanent neurological injury and paralysis

Name of case: Confidential

Court: Confidential

Case no.: Confidential

Name of judge or mediator: Hon. Johanna Fitzpatrick/Hon LeRoy Millette

Date resolved: Dec. 20, 2018

Special damages: Future medical care of $13-18 million; lost wages of $558,000; past medical bills of $774,027

Demand: $2,200,000 (medical malpractice cap)

Verdict or settlement: Settlement

Amount: $2,150,000

Attorneys for plaintiff: Scott Perry, Mikhael Charnoff and Nicholas Balland, Arlington