Verdicts & News

Unanimous Defense Verdict in Utah after “Never Event”

July 11, 2022

Jury rejects allegations that anesthesiologist was responsible for OR team in preventing patient fall.

Overland Park, Kansas – July 11, 2022 – Preferred Physicians Medical (PPM), industry-leading provider of professional liability insurance for anesthesia practices, announced that a jury in Summit County, Utah, recently returned a unanimous defense verdict in favor of an anesthesiologist insured by PPM.

On December 30, 2015, a 47-year-old male underwent repair of a right hip fracture. A Hana fracture table was utilized for the procedure. General anesthesia via LMA was administered for the surgery. The patient was positioned on the Hana table with a perineal post and his feet locked into booms. At the end of the procedure the surgeon left the room, and the patient was slowly emerging from anesthesia. The anesthesiologist turned to throw the LMA in the trash can. At the same time, the physician’s assistant who was at the patient’s feet, unlocked the booms and removed the perineal post. The patient slid down the table, at which point the anesthesiologist attempted to slow the slide. The patient hit his head on the wheel cover of the Hana table sustaining a 2 cm laceration on the back of his head. Due to the attempt to assist with the slide, the anesthesiologist estimated the fall was approximately 6-8 inches. After fully emerging from anesthesia, the patient appeared lucid and did not complain of headache or neck pain. Five days post-procedure the patient complained of post-concussion symptoms including headache and neck pain. He was subsequently diagnosed with concussion symptoms. MRIs were negative for evidence of brain trauma. The patient also complained of neck pain and imaging showed degenerative disk disease at two levels of the cervical spine. The patient subsequently underwent cervical spine surgery for alleged ruptured disks. Following surgery, he continued to complain of neck pain, headaches, and short-term memory issues.

The patient and his wife filed a lawsuit naming the hospital, surgeon, surgical physician assistant, and PPM’s insured anesthesiologist as defendants. The plaintiffs alleged all defendants were negligent in allowing the patient to fall from the Hana table. Specifically, plaintiffs alleged the hospital personnel failed to remain at the patient’s side after removing the restraint that had been around the patient’s chest, the surgeon failed to appropriately supervise and instruct the physician assistant on how to prepare the patient and table for transfer, the physician assistant removed the perineal post without ensuring everyone in the operating room was in the correct position for transfer, and the anesthesiologist turned away from the patient allowing him to fall.

Prior to trial, the hospital settled out of the case for a confidential amount. During the lawsuit, the anesthesiologist passed away. The case proceeded to trial with the surgeon, physician assistant, and the anesthesiologist’s estate as defendants. The plaintiff, a local home builder, alleged the fall resulted in him sustaining permanent brain injury requiring the need for him to hire an additional employee to do the work he could no longer perform. He also alleged he suffered from continuous headaches and neck pain requiring on-going medical treatment. Plaintiffs’ anesthesiology expert, Dr. Jung Soo Yi, San Diego, California testified that the anesthesiologist is responsible for waking the patient up, making sure all personnel are in place for transfer, and then initiating the transfer. He testified that the anesthesiologist is the supervisor and should keep an eye on everything, and for the anesthesiologist to not have seen the physician assistant pull the perineal post was below the standard of care. He also testified that it was below the standard of care for the anesthesiologist to turn away from the patient to discard the LMA.

The anesthesiology expert in support of PPM’s anesthesiologist testified that the standard of care was met. At the time of the fall, the anesthesiologist was focused on the patient at a critical time and was taking care of the airway. The anesthesiologist was not responsible for anything that helped restrain the patient to the Hana bed and was not responsible for the surgical team or their actions.

During trial, plaintiffs asked for $6,600,000 in compensation. After an eight-day trial, in less than 30 minutes, the jury returned a unanimous defense verdict for PPM’s anesthesiologist and the remaining co-defendants.

David C. Epperson, Esq. and Scott H. Epperson, Esq. with the Epperson & Owens law firm in Salt Lake City, Utah defended the case on behalf of PPM’s anesthesiologist and his estate. Shelley Strome, Senior Claims Specialist, managed the case on behalf of PPM.

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