Prior to her passing, the woman, who worked as a surgical technician at the same hospital where she was treated, was in a vegetative state for over a year…wilsonlaw.com, Dallas County Jury Awards $20 million in Fatal Brain Damage Case, Dec 2024
The 29-year-old woman underwent treatment for Guillain-Barre syndrome, a condition in which the body’s immune system attacks the peripheral nervous system. While the disorder affects a patient, they often require breathing assistance using mechanical ventilators for a period of weeks. Following treatment, most patients make a full recovery. In this particular case, the woman had a breathing tube inserted incorrectly into her trachea. At trial, evidence indicated the mistake caused the woman to receive less than half the amount of oxygen she required.
Despite knowing that the woman was not getting enough oxygen, the leak lasted into the following day. On the second day, a nurse improperly moved the patient without assistance, such assistance being required by the applicable nursing standards. During this improper move, the breathing tube was dislodged and the woman was deprived of oxygen for more than half an hour.
Due to that oxygen deprivation, the woman suffered severe brain damage that left her in a vegetative state for over a year. She died in January of 2015, leaving behind a husband and their two infant children.
At trial, the jury found the physician and treating practice group liable for $19.7 million in damages. This includes damages awards for loss of companionship, mental anguish, medical expenses, past and future damages, and pain and suffering. Several other defendants had been named in the case, but these defendants settled with the family prior to trial and were no longer defendants at the trial.