Clausing and Pankauskas Secure Defense Verdict for Cook County Anesthesiologist

Clausing and Pankauskas Secure Defense Verdict for Cook County Anesthesiologist

Chicago
December 7, 2022

HPS Attorneys Marilee Clausing and Molly Pankauskas successfully defended an anesthesiologist against claims that he negligently performed the patient’s preoperative evaluation and failed to timely treat postoperative airway complications.

The incident occurred in December 2009 when the patient underwent an elective breast biopsy. During her pre-anesthetic evaluation, plaintiff indicated that she had been experiencing a sore throat and cold for about a week. The anesthesiologist determined that there was no active respiratory infection and cleared plaintiff for surgery.

As plaintiff was coming out of anesthesia, she experienced a laryngospasm, which quickly developed into negative pressure pulmonary edema (NPPE). The anesthesiologist timely performed a jaw thrust and applied positive pressure ventilation to break the laryngospasm. Subsequently, the patient’s oxygen saturation levels dropped in the PACU, and the anesthesiologist timely intubated the patient. Nonetheless, plaintiff’s NPPE developed into acute respiratory distress syndrome (ARDS), resulting in a protracted and complicated postoperative course and an extended hospitalization.

Plaintiff alleged that the patient showed symptoms of an upper respiratory tract infection during her pre-anesthesia evaluation and should not have been cleared for surgery. Plaintiff also alleged that the anesthesiologist failed to timely diagnose and treat patient’s laryngospasm and failed to timely and properly treat patient’s NPPE in the PACU. Marilee and Molly successfully demonstrated that there was no active respiratory infection that warranted a delay in surgery and that the anesthesiologist’s post-surgical management of plaintiff’s airway complications in all respects fell within the standard of care.

 After approximately three hours of deliberation, the jury returned a verdict in favor of the defendant anesthesiologist.

Amy Kane had represented the anesthesiologist for many years prior to her recent untimely passing and this successful defense at trial was in large part the result of Amy’s prior work on the case. While Amy was not able to see the case through to verdict, her efforts were instrumental to Marilee’s and Molly’s win in the courtroom.

Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Molly Pankauskas. This post constitutes a form of attorney advertising as defined by some state bar associations.