Articles Posted in Brain Damage

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LaTresia Austin, 39, was a breast cancer survivor. She elected to undergo a one-hour reconstructive breast surgery at a San Diego hospital. When her breathing tube was removed postoperatively, her vocal cord spasmed. Unfortunately, the tube was reinserted into her esophagus, and allegedly it took more than ten minutes for doctors to realize she was experiencing oxygen deprivation.

When the error was discovered, Austin was transferred to the ICU where she died of a hypoxic brain injury. Her death was caused by the breathing tube mishap and the ten-minute delay in reacting to the emergency: oxygen deprivation to the brain. She was survived by her husband and child.

Austin’s estate sued the Regents of the University of California, alleging improper monitoring and choosing not to timely check the breathing tube, which was the cause of her brain injury and finally her wrongful death.
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Doe, age 3, was diagnosed as having a viral infection and experienced 4 to 5 days of fever and increased fussiness. Doe’s mother took the child to Lawndale Christian Health Center, a federally funded clinic; this required the plaintiff to file under the appropriate federal statute, the Federal Tort Claims Act. At the clinic, a physician assistant noted slight swelling in Doe’s upper right eyelid and his inability to open the eye fully. Doe also had a slightly abnormal pulse rate and blood pressure.

The physician assistant diagnosed periorbital cellulitis and a history of fever consistent with a viral infection. The physician assistant prescribed an antibiotic and told Doe’s mother to go to a hospital emergency room if Doe’s eye became swollen shut or did not improve in 1 to 2 days.

Two days later, Doe’s mother found her child unresponsive. Doe was rushed to a hospital where he was diagnosed as having septic shock, subdural abscess, and sinusitis, among other problems necessitating emergency neurosurgery. Doe, who suffered a stroke, had suffered a brain injury that resulted in cognitive delays.
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The wife of William Lee, a 41-year-old father of young children, found him unconscious in the middle of the night. He was rushed to Westchester Medical Center where he underwent a head CT scan and had a neck CTA. A CTA or “coronary computed tomography angiography” involves the use of CT scans and an injected dye to develop computer-aided, 3-dimensional images of an artery.

Two second-year residents interpreted the tests as normal. Over an hour later, one of the residents contacted an attending physician, who was unable to view the test results due to a software problem. An experienced radiologist later diagnosed a basilar stroke. Lee underwent a thrombectomy, a procedure involving the removal of a blood clot.

Nevertheless, Lee suffered significant brain damage, resulting in severe short-term memory loss and impaired judgment. He now receives 24-hour treatment from a residential brain injury center located hours away from his family.
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Doe was a toddler when taken to MetroSouth Medical Center suffering from a three-day history of fever, headache and eye symptoms. Doe had an elevated heart rate and blood pressure at the hospital. The child was allegedly discharged with a diagnosis of fever and ringworm with instructions to follow up with a pediatrician.

The child’s fussiness increased and he developed a swollen right eye, a cough and a cold. Two days later, a physician assistant (PA) allegedly diagnosed periorbital cellulitis and prescribed antibiotics. Periorbital cellulitis is an infection of the eyelid or skin around the eye. It is an acute infection of the tissues surrounding the eye, which may progress to orbital cellulitis with protrusion of the eyeball.

Doe was found unresponsive that day. He was rushed to a hospital and diagnosed as having sepsis, subdural abscess, empyema (pus collection) and sinusitis. Doe then underwent emergency neurosurgery and other treatment. He now suffers from permanent brain damage.
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Michael Gerhards, 68, hit his head when he slipped and fell on ice outside his home. He was taken by ambulance to Providence St. Vincent Medical Center where he was diagnosed as having a forehead laceration and right shoulder strain. He was sent home.

Over the next few weeks, he followed up with various internists at a health clinic regarding ongoing headaches, amnesia and fatigue.

Gerhards was advised to take pain medication. Three weeks after the fall, his wife found him unconscious. He was rushed to the hospital where a CT scan revealed a bilateral subdural hematoma that was causing a brain herniation. He underwent two brain surgeries.
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Darren Vines, 48, was a corrections officer when he suffered a concussion after being beaten in a workplace attack. One week later, he underwent a procedure to remove food from his throat. He later vomited blood and went to a hospital emergency department. A gastroenterologist, Dr. Aaron Greenspan, performed a second surgical procedure to investigate his condition and reported an esophageal tear.

At the start of this second procedure, a nurse anesthetist noted the presence of blood in Vines’ stomach. The nurse asked Dr. Greenspan three or four times to convert to general anesthesia and allow Vines to have a breathing tube. Dr. Greenspan refused.

Vines aspirated his stomach contents and went into respiratory and cardiac distress. He suffered hypoxia, which left him with significant memory deficits for six months.
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Doe was admitted to a hospital to undergo a non-emergency medical procedure. During or because of the non-emergency surgery, something evidently did not go as planned.
Doe suffered permanent injuries that now require 24/7 care; he is unable to work.

Doe sued the physician, the downstate Illinois hospital, and a product manufacturer. There is very little information on this case, which resulted in a settlement of $29.5 million.

The attorneys successfully handling this tragic matter were Miranda L. Soucie and James Spiros, both of Champaign, Ill.
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Doe, 14, began experiencing headaches, balance issues, fatigue and dizziness. In 2015, Doe underwent an MRI at Florence MRI & Imaging, where radiologist Dr. Zachary Kilpatrick interpreted the MRI as showing no abnormalities, critical findings or cause for concern.

Doe’s symptoms continued intermittently. He underwent a second MRI in 2018. This time, Dr. Kilpatrick identified a brain tumor on the scan.

Doe underwent surgery to remove the tumor of the cerebellum followed by radiation and chemotherapy. Afterwards, Doe suffered a debilitating stroke and continued to experience disabling symptoms, including severe nausea, vision and speak deficits, as well as difficulty walking.
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After Ms. Doe, 35, delivered her third child, she continued to hemorrhage. Doe’s attending obstetrician ordered exploratory surgery to determine the cause of the bleeding. Doe was transferred to an operating room.

The obstetrician allegedly did not order a backup supply of compatible blood before this surgery. Additionally, the attending anesthesiologist did not order the emergency release of blood for Doe, despite her continued bleeding.

During the surgery, Doe coded. Medical staff were able to resuscitate her, but she suffered catastrophic brain damage. Doe died the next day and was survived by her fiancé and three minor children.
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