The Injury Litigation Blog

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Maryland Family Receives $14 Million Medical Malpractice Award for Son’s Failed Surgery

By Byron Warnken

A federal district court judge in Maryland’s southern division handed down a $14.2 million verdict to the parents of a child who sustained debilitating injuries from alleged medical negligence during surgery. The award followed an 11-day bench trial before U.S. District Judge Theodore D. Chaung in July 2022.

 

According to the complaint filed in the case, in 2016, parent plaintiffs sought treatment at Walter Reed National Military Medical Center (WRNMMC) for their nine-month-old son’s recurring ear infections. They were referred to otolaryngologist Dr. Scott Brietzke. After examining their son, referred to as Z.R. in the complaint, Dr. Brietzke recommended surgical ear tube placement and adenoid removal to address his chronic infections. The procedures required the administration of general anesthesia. 

 

In accordance with Dr. Bretzke’s evaluation, the surgical procedures were scheduled for September 2016, when Z.R. was approximately one year old. However, the complaint alleges that Z.R. presented on the day of surgery with several significant risk factors that should have resulted in its delay or postponement. Namely, Z.R. was born with sickle cell disease, which hinders the ability of blood cells to transport oxygen throughout the body. According to medical records referenced in the complaint, he had also been diagnosed with asthma and was “audibly wheezing” on the morning of the surgery. Furthermore, his presurgical American Society of Anesthesiologists (ASA) assessment placed him at a level III, which is “consistent with moderate systemic disease,” according to the complaint.

 

As contended by the plaintiffs, the above-outlined risk factors are well documented by medical literature as potentially causing severe complications in a surgery conducted with general anesthesia. However, the plaintiffs were purportedly never informed of the dangers that Z.R.’s medical conditions posed during his surgery, and the operation commenced as scheduled. 

 

Per the complaint, shortly after the administration of anesthesia to Z.R., his blood oxygen levels dropped rapidly, while his heart rate became dangerously elevated. His condition continued to decline for roughly 30 minutes. Vital sign monitoring apparently showed a sustained decline in blood pressure and a consistently abnormal pulse rate, signs that Z.R. was “working very hard to breathe oxygen.” But despite these indicators of severe complications, Dr. Bretzke and his surgical staff allegedly failed to take corrective action until 40 minutes after the surgery began. 

 

The complaint goes on to detail how the medical team eventually gave Z.R. a dose of magnesium sulfate medication in an attempt to stabilize his respiration, but it exacerbated his breathing difficulties, and his condition worsened. They again tried to administer two different types of medication intravenously, but surgical staff apparently failed to infiltrate Z.R.’s IV line. Meanwhile, Z.R.’s respiratory system continued to break down. He began to hyperventilate, but over 15 more minutes elapsed until surgical staff called an emergency “Code Blue” and initiated CPR and defibrillation. By the time Z.R. was finally stabilized and transferred to an intensive care unit, his brain had sustained severe oxygen deprivation. 

 

After the failed surgery, Z.R. was diagnosed with permanent, significant brain damage. According to the complaint, he is “unable to walk, unable to talk, and is otherwise globally developmentally delayed.” His parents, along with their attorneys Robert R. Michael, Gregory K. Wells, and Andrew J. Hall of Shadoan, Michael, & Wells, LLP, and Joseph H. Ostad of the Law Offices of Joseph H. Ostad, PA, filed a medical malpractice lawsuit on Z.R.’s behalf in 2019. The lawsuit alleged that negligence on the part of medical staff at WRNMMC directly contributed to his injuries, and that his parents could not make informed consent for the surgery because the hospital did not adequately inform them of the risks involved. As WRNMMC is a military hospital under federal authority, the U.S. government was the named defendant in the complaint.

This was an unfortunate case of a minor experiencing horrific, lifelong brain damage. It was not, however, a birth injury case as the injuries did not stem from birth. Shadoan, Michael, & Wells, LLP are regarded as excellent medical malpractice lawyers. To see a list of some of the best birth injury lawyers in Maryland click here.

During the bench trial, the plaintiff’s attorneys presented an outline of alleged negligence that began in the weeks leading up to the surgery when the anesthesiologist assigned to Z.R.’s procedure, Dr. Christine Gerbstadt, expressed concerns about his preexisting conditions and was ignored. The legal team also admonished Dr. Brietzke for allowing a resident doctor with less training and experience to perform most of the surgery, even as Z.R.s condition declined catastrophically. They also argued that the failure of the medical team to appropriately administer stabilizing medication to Z.R. during the surgery was a clear violation of proper standards of care.

 

Judge Chuang agreed that negligence had occurred during the surgery, noting in his verdict opinion that “it is beyond dispute that as a result of the cardiac arrest, Z.R. now suffers from a permanent global neurological impairment giving host to a rise of disabilities.” However, he ruled against the plaintiffs’ additional informed consent claim. Chaung’s medical malpractice award to the Harris-Reese family totaled $14.2 million, including $11 million in future medical expenses. 

Historic $30 Million Birth Injury Verdict Handed Down in Georgia

By Byron Warnken

A jury in Gwinnett County, Georgia, awarded $30 million to a mother and child who sustained severe injuries from allegedly preventable birth complications. The verdict, which came after a two-week trial in July 2022, is reportedly the second highest medical malpractice award in Georgia history.    According to plaintiffs Eulanda and Jason Threat, their daughter January sustained […]

May 2022 Medical Malpractice Lawsuits Filed

By Byron Warnken

There were 18 medical malpractice suits filed in the month of May that we covered. Some hospitals are listed as co-defendants in suits against individual practitioners, and vice versa. These are for cases listed as medical malpractice or med mal in the Maryland Case Search database, excluding PG County and Montgomery County which do not […]

Florida’s Birth Injury Fund

By Byron Warnken

Why Are Parents Seeking Justice for Birth Injuries Stripped of Their Right to Sue?   When a child sustains a severe birth injury because of medical negligence, they are consigned to a potential lifetime of mental and physical impairment. But they aren’t the only ones who endure hardship. Their parents are often forced to navigate […]

$24 Million Birth Injury Verdict Will Stand

By Byron Warnken

An appeals court in Washington state has elected to uphold a multi-million-dollar verdict stemming from a 2014 birth injury lawsuit. As detailed in the opinion filed this week by the three-judge panel affirming the ruling, Anna Scott and Zachary Burke filed a lawsuit against Jefferson County Public Hospital after the 2014 birth of their daughter Lana. The […]

Florida Jury Awards $120 Million

By Byron Warnken

Last week, justice was finally handed down to a Florida man who sustained life-long injuries in a 2015 car accident. Jacob T. Rodgers became permanently paralyzed when a Gainesville Regional Utilities worker in an SUV ran a stop sign and hit the pickup truck he was riding in. A jury awarded Rodgers $120 million and […]

January 2021 Medical Malpractice Cases in and around Baltimore

By Byron Warnken

Below are Baltimore area medical malpractice cases that were filed in circuit courts in Maryland in January 2021.  This is meant to be a near comprehensive list, not including cases filed in Prince George’s County or Montgomery County, as those counties report statistics into the MD Judiciary Case Search in a different format. There were […]

Industry Giant Johnson & Johnson Is Facing Mounting Legal Challenges

By Byron Warnken

by Stephanie Yanovich For over a century, medical supplier Johnson & Johnson has billed itself as a family friendly household name supplying the familiar comforts found in millions of medicine cabinets. Tylenol, Band-Aids, and Johnson’s Baby Shampoo are just a few of the items produced by the company that conjure soothing images of wounds healed, […]