Victim of Surgical Mistake Awarded $2 million
By Daniel Hawn
Published on August 02, 2005
Sinclair, 50, underwent surgery at the Riverside Regional Medical Center in October of 2002. His attorney, Thomas Shuttleworth, said that during surgery, Sinclair's blood pressure readings went un-monitored for an hour and that the anesthesiologist subsequently gave Sinclair a dangerous combination of the sedative Versed and the painkiller Fentanyl.
Sinclair experienced a heart attack, and court documents showed that doctors were unable to resuscitate him for seven minutes. During this time, Sinclair experienced a depletion of oxygen in his brain that resulted in the damage.
Following the surgery, Sinclair had difficulty performing simple tasks, and was unable to remember people he had known for years.
An expert for the defense testified that Sinclair's heart attack could have been caused by a fat embolism -- a build-up of fat particles that can obstruct blood vessels. Another defense expert corroborated this testimony, saying that fat embolisms are an acknowledged complication with surgeries of the bone.
The jury decided in favor of Sinclair, holding Markowitz and the company he works for, James River Anesthesia Associates, responsible for the injuries Sinclair received. The $2 million award, however was reduced to $1.65 million because of the medical malpractice cap in place at the time of the surgery.
This is the third medical malpractice case the James River company has lost since 1997. The first was an $825,000 award for a widower whose wife died due to complications from gallbladder surgery. Seven years ago, a woman from Poquoson was awarded $150,000 after the anesthesiologist failed to completely sedate her during surgery for the removal of her ovaries. Testimony indicated that she was able to feel each cut made by the doctor.
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