VERDICTS AND SETTLEMENTS
The Verdict, Wisconsin Academy of Trial Lawyers, Volume 25:2, Spring 2002
Caption: Malcolm Williams v. Dr. Arthur Goldman and Anesthesia Associates of Hampton
Date of Verdict: February 22, 2002
Case Description: It was cold, snowy day in January 1996, when the plaintiff, Malcolm Williams, went to the Urgent Care Center at Hampton General Hospital in Hampton Virginia with stomach pain. Malcolm was diagnosed with appendicitis and following a routine appendectomy, on January 9, 1996, he developed severe respiratory distress. After arrival in the recovery room, pick, frothy fluid flowed into Malcolm’s throat; arterial blood gases showed that the oxygen saturation level in Malcolm’s blood was 78, pH was 7.25, PCO2 was 54.4, and PO2 was 50. Malcolm’s respiration rate was between 36 and 40 and his heart rate was above 130. A chest x-ray confirmed pulmonary edema or hemorrhage. The defendant Dr. Goldman admitted that he decided Malcolm needed to be reintubated and placed on mechanical ventilation with positive pressure at about 4:27 p.m. He delayed however until 5:45 p.m. in order to avoid the trauma of reintubation. Subsequently, Malcolm developed ARDS, acute respiratory distress syndrome, a potentially fatal disease. Malcolm spent 34 days on a ventilator and a total of 45 days in the hospital; he incurred medical bills totally $229,000 and suffered a permanent, mild gas transfer defect in his lungs. The gas transfer defect causes Malcolm shortness of breath when he exercises.
Plaintiff contended that the defendant deviated from the standard of care in not promptly reintubating at 4:27 p.m. Plaintiff presented testimony that his respiratory distress was caused by negative pressure pulmonary edema and that the one and a quarter hour delay in reintubation allowed ARDS to develop. The defendant denied liability and countered plaintiff’s causation argument with the assertion plaintiff’s ARDS resulted from sepsis secondary to a delayed appendectomy.
Following a three day trial, with the defendant contesting liability, causation and damages, the jury on February 22, 2002 returned a verdict for plaintiff awarding total damages of $1,000,000 plus prejudgment interest of about $540,000. Virginia’s statutory cap on damages in medical negligence cases limits damages to $1,000,000.
Plaintiff’s counsel: WATL member John C. Cabaniss of Milwaukee, Wisconsin
Plaintiff’s medical experts were:
Dr. Tom Pajewski
3023 Watercrest Drive
anesthesiologist
Grosse Point Farms, Michigan 48236
anesthesiologist
Dr. Don Schlueter
1091 Kelton Boulevard
Gulf Breeze, Florida 32561
pulmonary specialist
Defense counsel: John Franklin, III and Douglas Penner of Taylor & Walker, P.C., Norfolk, Virginia
Defendants’ medical experts were:
Dr. David West
Norfolk, Virginia
anesthesiologist
Dr. Randolph Garnett
Norfolk, Virginia
pulmonary specialist
Dr. Thomas Petty
Denver, Colorado
pulmonary specialist