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Personal Injury
Medical Malpractice
Negligent Surgery

Machliet v. Sonyika

Published: Oct. 19, 2004 | Result Date: Jul. 3, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 03CC06048 Verdict –  $0

Judge

James L. Brooks

Court

Orange Superior


Attorneys

Plaintiff

Robert Robert Sabahat

Ali Parvaneh
(Madison Law APC)


Defendant

Donald A. Lounsbury


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


#117659

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