Jeff Ryan and Jessica Eaton successfully defended a local anesthesiologist in a case where the patient aspirated on induction of anesthesia. Our client recognized the patient was at a higher risk for aspiration and employed a Rapid Sequence Induction with cricoid pressure, which is the most commonly recognized and utilized method for inducing patients who are at risk for aspiration. Unfortunately, as the jury learned, the risk for aspiration can never be eliminated with anesthesia, and this patient wound up aspirating. Fortunately, our client recognized this immediately and was able to secure the patient’s airway. The patient was kept in the ICU for monitoring and was discharged from the hospital less than three days later.
Plaintiff alleged our client failed to select the safest anesthesia plan for the patient and instead should have done an awake fiber optic intubation. Plaintiff’s own expert testified that this method is an exception to the rule in anesthesia, and is something she only does herself maybe five times a year. In addition, as the jury learned, the risk for aspiration still remains with an awake fiber optic intubation. Plaintiff claimed that this incident caused her to have PTSD, insomnia, and breathing troubles that kept her from being able to work for a period of time. Trial lasted almost a week. Damages claimed and asked for in front of the jury were $1.25 million. The jury deliberated for less than 15 minutes and returned a unanimous defense verdict, vindicating our client who met and exceeded the standard of care.
Attorneys: Jeffrey W. Ryan; Jessica Eaton
