Plaintiff receives a $2.25 million Jury Verdict for a Brain Injury During Eye Surgery

Illinois brain injury lawyers are pleased with the recent 2.25 million dollar brain injury jury verdict reported on Outpatients Surgery Magazine. In the California case, the plaintiff went to the ambulatory surgery center for a routine 10 to 15 minute ophthalmic procedure. As part of the procedure, the plaintiff underwent anesthesia. The anesthesiologist allegedly exited the procedure room and left the patient under the care of nurses. The nurses were not trained in anesthesia administration or how to treat sedated patients.

Unfortunately for the plaintiff, his body had a reaction to the anesthesia that caused him to go into a deeper state of sedation, to the point that he stopped breathing. Nothing had been used to monitor the patient’s breathing, such as an end-tidal CO2 machine. As a result, the plaintiff suffered cerebral hypoxia, an injury where the brain goes without enough oxygen for a certain period of time causing brain cells to die. According to PubMed Health, brain cells are extremely sensitive and start to die within less than five minutes after oxygen to the brain has been cut off. As a result of this severe brain injury, the plaintiff must reside at a nursing home where he can receive constant care. He is only in his mid-50’s.

The plaintiff brought a brain injury lawsuit against the ambulatory surgery center and anesthesiologist. The anesthesiologist settled the case, while the defendant ambulatory surgery center went to trial. Thus, the 2.25 million dollar verdict only reflected damages to be paid by the defendant ambulatory surgery center because the defendant anesthesiologist had previously settled with the plaintiff.

Chicago brain injury lawyers at Levin and Perconti were shocked to hear about the plaintiff’s story. No one expects to go in for a routine eye procedure and wake-up with a severe brain injury. As nursing home rates increase, the verdict will relieve some burden off the family even though it will never cure their tragic loss.

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