Machliet v. Sonyika
Published: Oct. 19, 2004 | Result Date: Jul. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC06048 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Ali Parvaneh
(Madison Law APC)
Defendant
Experts
Plaintiff
David Alessi M.D.
(medical)
Roger Crumley
(medical)
Norman H. Levine
(Greenberg, Glusker, Fields, Claman & Machtinger LLP)
(medical)
Defendant
Ronald S. Katz
(medical)
Dale H. Rice
(medical)
Facts
On Feb. 11, 2002, the 54-year-old female with long history of smoking, rheumatoid arthritis and steroid therapy, underwent elective cosmetic face lift surgery requiring intubation and six hours of general anesthesia. She had stopped smoking two weeks before surgery on directions of her surgeon. Upon awakening, she complained of throat discomfort, a common consequence of intubation. She resumed smoking three weeks after surgery. When her throat soreness and hoarseness complaint persisted, she saw an otolaryngologist in March who diagnosed swollen vocal cartilage and nodules but no vocal cord hole. In April, Phonatory function testing records indicated she had been clearing her throat frequently since surgery and was not always well hydrated. According to the defendant, examination revealed a vocal cord separation and other abnormalities. According to the plaintiff, examination revealed a vocal cord hole. According to the defendant, in May, she was examined by a second otolaryngologist who diagnosed sulcus vocalis and reflux laryngitis but saw no vocal cord hole. In November, a third otolaryngologist performed surgery to remove an abnormality he called a bi-pedicled polyp of new tissue on her left vocal cord which he termed "unique" which gave the appearance of a hole. Pathology reports described the tissue as squamous polyp. The plaintiff reported no improvement from removal of the bi-pedicled polyp and no improvement from three additional procedures. The plaintiff claimed her persistent hoarseness and weak voice was caused by the defendant anesthesiologist's negligent intubation. The plaintiff alternatively contended that either excessive force during intubation or the use of a stylet made a perforation in her left vocal cord.
Deliberation
1.5 hours
Poll
9-3 (liability)
Length
6.5 days
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