Facts:␣ 72-year-old female operated on un- der general anesthesia to inject 7 levels in lower back with resin based cement to stabilize back. Patient went into arrest at conclusion of procedure.␣ No autopsy.␣ Death as a result of heart failure or glue entering bloodstream and depositing in lungs. Patient had recently undergone 2 cardiac events and was on oxygen when entered hospital.


Allegations of Liability:␣ Not a candidate for surgery and procedure performed im- properly.


Injuries/Damages:␣ Death.


Plaintiff’s Experts:␣ Dr. Mary Lee Jensen, University of Virginia Health System; Dr. Kieran Murphy, Johns Hopkins Univer- sity Hospital; Dr. John Mathis, Lewis-Gale Medical Center


Verdict/Settlement: Settled at mediation conference for $600,000.00.


Plaintiff’s Counsel: Kevin J. McCarthy and Michael McGowan


Case #2 of 2␣ ␣ Judy Doe v. Unidentified Health Care Providers Circuit Court in Maryland


Facts:␣ 43-year-old female operated on under general anesthesia 1-2 hours after death in Case #1 to inject 11 levels in lower back with resin based cement to sta- bilize back.␣ Patient went into arrest during procedure as a result of glue en- tering bloodstream and depositing in lungs. Autopsy verified presence of glue in lungs.


Allegations of Liability: Procedure per- formed improperly.␣ Too many levels and insufficient visualization.


Injuries/Damages:␣ Death


Plaintiff’s Experts:␣ Dr. Mary Lee Jensen, University of Virginia Health System; Dr. Kieran Murphy, Johns Hopkins Univer- sity Hospital; Dr. John Mathis, Lewis-Gale Medical Center


Verdict/Settlement: Settled at mediation conference for $1,000,000.00.


Special Remarks: Issue of informed con- sent. Health care provider asked about other incident and failed to mention death


Summer 2001 Trial Reporter 45


hours before because health care provider thought would make patient too nervous.


Plaintiff ’s Counsel: Kevin J. McCarthy and Michael McGowan


________


John and Jane Doe v. Local Hospital District of Columbia


Facts of Case: John Doe, an administra- tive assistant to a congressman, returned home from a week away from Washing- ton with headaches on a Friday night. He felt bad throughout the weekend with headaches on and off “with some com- plaints of diplopia” (double vision). On Monday morning, his wife called the hos- pital health plan and explained the problem including the double vision. An appointment was given for Tuesday after- noon. A resident examined John and noted his complaints of diplopia. She called in an attending physician who de- cided that John was suffering from an inner ear infection. The next morning (Wednesday) John suffered a stroke which left him with deficits on one side of his body as well as sleep apnea. Through physical therapy, he has recovered enough to resume his position with his employer albeit in a much less strenuous mode. The amount of the settlement and the names


of the parties were sealed by agreement of the parties.


Plaintiff ’s Experts: Jerome Block, M.D., Kalpana M. Kumar, M.D., Francis Tho- mas, PhD, C.R.C., Richard J. Lurito, Ph.D.


Defendant’s Experts: N. Thomas Connally, M.D., John V. Blazina, M.D., Lawrence Brass, M.D., Kevin McGrail, M.D., Thomas Grogan


Verdict/Settlement: Case settled for un- disclosed amount prior to trial.


Plaintiff ’s Counsel: Barry J. Nace (MTLA member) Paulson & Nace


Defense Counsel: Joseph Montedonico; Montedonico, Hamilton & Altman, PC; Chevy Chase, MD


________ John Doe v. ABC Hospital


Facts: Plaintiff presented to labor and delivery with spontaneous rupture of membranes and irregular contractions. The records indicated cephalopelvic dis- proportion and shoulder dystocia.


(Continued on page 46)


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