Facts

On June 5, 2008, plaintiff Tracy Cantrell, 26, had an exploratory laparoscopy, laparoscopic appendectomy and ovarian cystectomy performed by Kevin Petersen, M.D. During the procedure, plaintiff began to slide off the operating room table after additional tilt was requested by Dr. Petersen and given by the anesthesiologist. The surgery was halted and the plaintiff was lowered to the floor by the operating room personnel, and then lifted back on the table, prepared again for the procedure and redraped and the surgery was completed.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was not adequately secured to the operating room table and that Dr. Petersen as the surgeon in charge of the operating room team should have anticipated that additional tilt would be required and that additional measures to appropriately secure the patient should have been taken.

A physician assistant student who was present in the operating room testified that plaintiff fell off the table and fell to the floor hitting her head on the floor "with a sickening thump" and then was replaced on the table and the procedure completed.

Plaintiff claimed she has been unable to work due to the pain from the alleged injury and will be unable to work in the future. Plaintiff claimed this injury was to a body part not involved in the type of surgery performed (statutory res ipsa loquitur); and would not have occurred in the absence of negligence (common law res ipsa loquitur).

Plaintiff further contended defendants intentionally and maliciously failed to tell plaintiff the truth about what occurred in the operating room causing her emotional distress.

DEFENDANT'S CONTENTIONS:
Defendants claimed that plaintiff was appropriately secured to the operating room table prior to the procedure. Sliding on an operating room table can and does occur in the absence of negligence and can usually be corrected by pushing the patient back into position. However, in plaintiff's case, she slid to the extent that Dr. Petersen determined she could not safely be pushed back into position, and so he determined the safest course was to gently lower and place plaintiff on to the floor, straighten the table, reposition her on the table and then continue with the procedure.

Defendants contended there was no mechanism by which injury to the L5-S1 could have occurred during the lowering of plaintiff from the operating room bed to the floor and back to the operating room bed. Defendants further contended that the disc bulge/herniation on L5-S1 predated the June 5, 2008 surgery as shown on CT scans and as such there was no injury that occurred as a result of plaintiff sliding on the table, and the decision to lower plaintiff to the floor, and that the patient was advised as to what occurred.

Testimony from the operating room technician, circulating nurse, anesthesiologist and Dr. Petersen was that plaintiff started to slide on the table after Trendelenberg was requested and given and her head and shoulders were caught by the anesthesiologist, and her lower torso was supported down to the ground by Dr. Petersen and the other operating room personnel. The decision was made by Dr. Petersen that the safest course of action was to lower plaintiff to the floor, straighten the operating table and then lift her back onto the table, reprep and redrape her and continue with the procedure.

Settlement Discussions

Dr. Petersen offered a waiver of costs in exchange for dismissal with prejudice. Plaintiff's pretrial demand was $349,999 to Dr. Petersen and his entity, and $349,999 to Summerlin Hospital. During trial, plaintiff made a global demand for $2.5 million.

Damages

Plaintiff sought $8,209,162 in damages, of which $1.5 million was for pain and suffering. Plaintiff sought punitive damages against Dr. Petersen and Summerlin Hospital on the basis that defendants intentionally and maliciously failed to truthfully advise plaintiff of what occurred in the operating room causing her emotional distress.

Injuries

Plaintiff claimed that she suffered bruising and an injury to L5-S1 (a disc bulge/herniation) that required a subsequent discectomy and spinal fusion surgery by Dr. Mark Kabins that ultimately failed, and will require a lifetime of pain management and potential implantation of a spinal stimulator.

Result

Defense verdict for Dr. Petersen. Plaintiff was awarded $1,361,288 against Summerlin Hospital Medical Center.

Other Information

Motions for costs and attorney fees are pending. FILING DATE: June 4, 2009.

Poll

8-0 (defense for medical negligence against Dr. Petersen), 8-0 (against Summerlin Hospital)

Length

three weeks