Esophageal Perforation

⇐ BACK TO SETTLEMENTS AND VERDICTS INDEX

CASE: Esophageal Perforation

FACTS: The decedent was a healthy 68-year-old woman who underwent elective laparoscopic surgery (Nissen Fundoplication) for repair of a hiatal hernia. An overnight stay in the hospital was planned, but post operatively she developed pain beyond what was expected, in her chest, shoulders, arms and abdomen. She also developed abdominal distension and diminished bowel sounds on the first post-operative day. Throughout her hospitalization, additional signs and symptoms of systemic disease became apparent including a dramatic reduction in urine output, tachycardia, reduced oxygen saturation levels, atrial fibrillation, hypotension, CBCs with elevated Bands and fever.

On the 8th post-operative day, a contrast CT study was ordered. That scan revealed the flow of contrast into her right chest, confirming an esophageal perforation. Despite that perforation and resulting infection and sepsis, no corrective surgery was planned or undertaken. Rather, the defendant treated her only with antibiotics and drainage. For the next nine days, she was watched while her condition deteriorated. Finally, on the 17th post-operative day, she was transferred, at her family’s request, to another facility. She underwent emergent but unsuccessful surgery, during which many liters of pus were removed and a diverting esophagoscopy was performed. She died the following day.

DEFENSE: The defense claimed that the perforation of her esophagus occurred at some time after the initial surgery; there was no breach of the standard of care; and inadvertent organ perforations occur in the absence of negligence.

INJURIES: Horrible physical and emotional pain; loss of enjoyment of life; lost earning capacity; and loss of consortium.

SPECIAL DAMAGES: Medical bills: $316,301.00; Lost earning capacity: $124,756.00.

SETTLEMENT: The parties agreed to settle for a confidential amount.

NAMES/COUNTY: Anonymous v. Anonymous