Anesthesia Injury
$8.0 million - Record settlement for brain injury to 16-year-old during knee surgery in Oklahoma.
We represented a 16-year-old teenager who was brain injured as result of poor anesthetic technique during a knee operation in Tulsa, Oklahoma. This case was complicated by limited insurance coverage on the part of the primarily culpable party and the need to establish liability against several other defendants in order to have adequate insurance coverage. The case was hotly contested in a jurisdiction known to be extremely conservative. The highest judgment or settlement in Oklahoma state history prior to this case was $2.2 million. We settled this case just before trial on a structured basis with $2.5 million in cash and $120,000 per year increasing at 6% for life with an additional $120,000 increasing at 6% for life to start in ten years and third $120,000 per year to increase at 6% to start in twenty years. The annuities were all guaranteed for twenty years. There were also additional annuities for the parents. The present case value of this settlement was approximately $8 million.
$7.76 million - Record California settlement for child undergoing hernia surgery resulting in ambulatory brain injury.
A few years ago, we represented a child who was rendered partially blind, partially paralyzed and brain damaged from cardiac arrest during surgery for repair of a urological problem. We contended that the anesthesia machine used during the surgery malfunctioned due to faulty design and maintenance. The experts agreed this child had only mild cognitive impairment, and that he would be able to functionally ambulate. This case settled for $7,760,000 cash.