SEATTLE--(BUSINESS WIRE)--A King County Superior Court jury has awarded a Central Washington woman and her family, represented by The Luvera Law Firm, $18 million in damages after what was supposed to be a quick and routine operation resulted in a fire inside the patient’s airway.
The jury award, released on Dec. 5, 2013, is in addition to a previous $12 million settlement, for a total recovery of $30 million.
Becky S. Anderson checked into Central Washington Hospital in February 2012 for laser surgery to remove polyps from her vocal cords. According to Paul Luvera, founding partner of The Luvera Law Firm and one of Anderson’s attorneys, the procedure should have only taken about 10 minutes, with Anderson returning home the same day.
Instead, the surgeon’s laser allegedly made contact with the tube placed inside Anderson’s airway, lighting the surrounding area on fire. The fire inside the patient’s airway was so severe that she was airlifted to Harborview Medical Center in Seattle.
Anderson remained on a ventilator at Harborview for nearly six months, where she underwent multiple surgeries. Today, she continues to require assistance breathing and will need long-term care.
“This has obviously been a terrible tragedy for Becky and her family,” said Luvera, following the jury’s verdict. “I am heartened that the jury agreed with us, and through their actions provided Becky and her family with the financial resources necessary to live as full a life as she can.”
Filed in May 2012, the lawsuit was brought against Central Washington Hospital; surgeon Dr. Don Pugh of Wenatchee Valley Medical Center; anesthesiologist Dr. Linda Schatz of Wenatchee Anesthesia Associates; and Medtronic, the medical device company that manufactures the tube used in Anderson’s procedure.
Central Washington Hospital settled the case for $12 million, with the case proceeding to trial against the remaining defendants.
During the trial, Anderson’s attorneys argued a confluence of multiple oversights and errors contributed to the incident. First, attorneys claimed the surgeon had erred when firing the laser, and missed his intended target.
Attorneys also placed blame on the anesthesiologist, who allegedly failed to properly lower oxygen levels, causing the laser to spark a fire when it hit the Medtronic tube.
Dr. Pugh and Schatz in part blamed the hospital, noting during the trial that Central Washington Hospital had only provided them with single-cuff tubes from Medtronic, instead of the double-cuff tubes the doctors typically used. Dr. Pugh also denied hitting the tube with the laser, claiming the ignition was caused by a leak around the cuff.
Lastly, the lawsuit alleged that Medtronic was partially at fault by failing to provide any warning of similar fires, or that its double-cuff tubes were safer for use than single-cuff tubes.
“The physicians in this case denied responsibility in the courtroom, but at the same time took extraordinary efforts to help the family weather this as best they could,” said Luvera. “I know Becky and her family appreciate the compassion they’ve shown.”
Following the seven-week trial, the jury spent a day and a half in deliberation. In Thursday’s ruling, the jury found the anesthesiologist 52.5 percent at fault, the surgeon 42.5 percent at fault and the hospital five percent at fault. No negligence was assigned to Medtronic.
“The 12 men and women of this jury also deserve recognition,” said Luvera. “As is often the case in litigation today, the various defendants all had well-honed arguments demonstrating that they should be held blameless, leaving the jury sorting through volumes of often conflicting information. They did an exemplary job of sorting the wheat from the chaff, and rendered a verdict that I believe is fair and just.”
About Luvera Law Firm
Luvera Law Firm is a nationally recognized firm, with high standards of ethical conduct. The firm specializes in medical malpractice, brain injury, death and other major damage cases, and seeks justice for clients as well as positive changes in corporate and governmental behavior. Two members of the firm belong to the Inner Circle of Advocates, the nation’s most exclusive plaintiff’s trial lawyer’s association, whose membership is limited to 100 of the best lawyers in the United States.