Facts

Plaintiff Amber Decker, a 24-year-old female school teacher, underwent outpatient right knee surgery on Dec. 26, 2003, under general anesthesia administered by defendant Dennis Chen, M.D. While attempting to remove the LMA anesthesia tubing, a tongue depressor being used by defendant Dr. Chen broke off when the plaintiff bit down on it. A search of the oral cavity, as well as the bedding, failed to turn up the missing 2" fragment of wood. A curbside consult from an ENT specialist resulted in a chest x-ray and an esophagram being done, neither of which revealed the blade. The plaintiff was observed and found to have only a mild cough. Believing the blade to have been swallowed, she was released. The plaintiffÆs symptoms of cough, shortness of breath, pain and vomiting increased. A CT scan done on January 12 revealed the blade to be lodged in the trachea below the vocal cords. Urgent bronchoscopy was done to remove the piece of wood. The plaintiff alleged resultant chronic airway irritation and asthma, as well as GERD, activated as a result of the incident. Res Ipsa Loquitur and liability for subsequent and/or feasors was instructed. The plaintiff claimed life long medication needs.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's use of a tongue blade was almost "unheard of." When it broke, the defendant should have kept the patient in the hospital until the blade piece was found. The standard of practice required that a CT be done urgently, followed by a triple endoscopy, if necessary, and surely a bronchoscopy to remove the piece. Had the piece been removed on that day or soon thereafter, there would have been little or no residual airway inflammation, GERD symptoms, and no need for lifelong medications.

DEFENDANT'S CONTENTIONS:
The defendant contended that the use of the wooden blade was not "unheard of," and was appropriate. This was a bizarre scenario. The defendant was reasonable in his search for the blade, in obtaining the consult, and in relying upon the consultation and the results of the tests and PACU observations of the patient in concluding that the tongue blade was not in the trachea, but was instead in her stomach. It was appropriate to discharge the plaintiff for follow-up if any problems persisted or arose. The plaintiff saw several doctors over the next three weeks. It was not until January 12 that anyone felt a CT should be ordered, which revealed the presence of the wood in the trachea. The plaintiff's claimed damages of $250,000 in medical expenses for life were exaggerated. The GERD was not related to the incident.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $125,000.

Result

Defense verdict.

Deliberation

two hours

Poll

12-0 (negligence)

Length

nine days