Attorney Jeffrey Catalano assisted in obtaining a $1,200,000 settlement for a 29-year-old man who suffered an anoxic brain injury and later died following a doctor's delayed decision to intubate him.
On the morning of February 29, 2012, the decedent, a 29-year-old man, went to the emergency room complaining that he felt his throat closing.
The ER doctor diagnosed angioedema, the rapid swelling of the tongue and throat caused by blood pressure medication. The decedent was transferred to the critical care unit for observation and treatment.
Angioedema can lead to airway obstruction and death if a patient is not intubated and monitored. Early intervention and intubation were especially necessary in this case because the patient continued to suffer airway difficulty, was obese, and had a thick neck and a large swollen tongue. Despite those factors, the defendant attending physician and the resident physician did not establish an early intubation/intervention plan.
The decedent’s condition worsened during the evening. His breathing became more labored, and oxygen levels in his blood dropped dramatically. He began to hallucinate and act combatively.
An on-duty nurse brought the worsening symptoms to the attention of the defendant resident physician and recommended an arterial blood gas. The resident physician did not consult with an anesthesiologist, intubate the decedent, or order an arterial blood gas test at that time. Instead, she ordered an anti-psychotic drug and treatments for sleep apnea, including a BiPAP mask, which worsened the decedent’s breathing difficulties.
When the resident later ordered a blood gas, it confirmed that the decedent needed to be intubated emergently. At that point, the decedent was extremely anxious because he could not breathe and was thrashing about, and the on-call anesthesiologist was unable to intubate him.
The resident then ordered a sedative, which exacerbated the decedent’s respiratory distress. Shortly after that, he went into cardiac and respiratory arrest. He suffered an anoxic brain injury from a prolonged period of hypoxia, leaving him in a vegetative state. A few months later, his family authorized the withdrawal of life support.
The defendant resident argued that she checked in on the decedent consistently and that he was responsive and not in distress. She also testified that she contacted the off-site defendant attending physician that evening, who did not order intubation. The defendant resident’s testimony in discovery was contradicted by nurses on duty at the time.
The decedent was not married or employed but was the primary caregiver for his four children.
The claim against the defendant resident physician settled at mediation.
