Verdicts & News | PPM - Medical Professional Liability Insurance

Defense Verdict in New York Medical Malpractice Trial

July 29, 2025

Jury rejects allegations that anesthesiologist negligently caused plaintiff’s vocal cord injury

Overland Park, Kansas – July 29, 2025 – Preferred Physicians Medical (PPM), industry-leading provider of professional liability insurance for anesthesia practices, announced that a jury in Saratoga County, New York, returned a unanimous defense verdict in favor of a PPM insured anesthesia practice group at the conclusion of a week-long trial involving vocal cord injury.

A 60-year-old female presented to the hospital for a ureteroscopy. The anesthesiologist and CRNA administered general anesthesia and used a GlideScope to intubate the patient. It was noted to be an easy intubation and the procedure was completed successfully.

The plaintiff claimed she suffered permanent vocal cord injury and experienced voice problems and pain. Plaintiff’s anesthesiology expert testified that the plaintiff suffered an arytenoid dislocation due to an aggressive intubation. Plaintiff’s expert further testified that the vocal cord injury would not have occurred absent negligence by the anesthesia team.

Defendant’s anesthesiology expert testified that arytenoid dislocation could happen for a variety of reasons, including excessive coughing and vomiting. The expert also stated that a vocal cord injury is considered a known risk and complication with intubation and occurs absent negligence. The expert further testified there was nothing the anesthesia providers could have done differently in this case.

Defendant’s ENT expert testified there was no evidence of tearing, lacerations, bruising or hematomas found in plaintiff’s vocal cord. The ENT expert further testified that a pre-existing condition could create abnormalities in the vocal cord, which can be irritated by endotracheal intubation. The ENT expert also testified that complications to the vocal cord can happen absent negligence.

During closing argument, the plaintiff’s attorney asked the jury to award plaintiff $2,500,000. The jury returned a unanimous verdict in favor of the PPM anesthesia practice group in less than two hours.

Terry O’Connor, Esq. and Aaron DePaolo, Esq., with O’Connor First, Albany, NY represented PPM’s insureds. Brian Thomas, Vice President Claims and Risk Management and Judy Simon, Senior Claims Professional and Risk Advisor, managed the file on behalf of PPM.

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