Facts

In July 2004, plaintiff Richard Wilson was admitted to Sharp Grossmont Hospital for a second elective spine surgery. Dr. Hertzel Soumekh, an orthopedic surgeon, performed the surgery. Defendant Dr. Yuri Gelland, an anesthesiologist, assisted him. Plaintiff was admitted to the ICU immediately following surgery, with complications from the procedure.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent during the procedure. Plaintiff had aspirated during intubation, which caused a hypoxic incident and consequential brain damage.

DEFENDANTS' CONTENTIONS:
Defendants Gelland and the Anesthesia Service Medical Group Inc. contended they were in complete compliance with the standard of care and practice. Further, difficult intubations, which are common, can occur even if the anesthesiologist is not negligent.

According to the defense expert anesthesiologist, the aspiration did not occur during the procedure, but hours later during plaintiff's recovery in ICU.

Injuries

The plaintiff suffered brain damage and memory loss. His wife claimed loss of consortium. The defense expert neuropsychologist opined there was no evidence that plaintiff suffered from a brain injury.

Result

Judgment was for defendant, who was awarded $43,484 in costs.