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Firm obtains $1.25M settlement of med-mal wrongful death case

Maria Davis recently obtained a $1.25 million settlement in a medical malpractice case involving the death of a 57-year-old man following oral surgery.

On March 18, 2015, the man underwent surgery to remove a benign cyst from his lower left jaw. Following the procedure, the man, who was in good health at the time, developed respiratory complications including increased mucous secretions in his airways that led to a partially collapsed left lung and persistent difficulty in breathing.  

After six days in intensive care, the man was moved to a surgical floor in the hospital. While under the care of the defendant nurse, the patient told the nurse he could not breathe and later collapsed and became unresponsive. 

Large mucous plugs were removed from his airways. However, he suffered lack of oxygen to his brain and was taken off life support a few days later. 

Medical experts were prepared to testify that the defendant nurse failed to take necessary steps to treat the decedent’s deteriorating respiratory condition, including treating mucous build up in his airways and alerting a respiratory therapist or the attending physician of his respiratory difficulties. 

The defendant asserted that the patient did not exhibit any signs of respiratory distress and that the man’s oxygen saturation rate was normal when he stated he could not breathe.  The defendant’s experts were prepared to testify that the decedent’s death was unpredictable and unpreventable. 

The decedent came from a close family and left behind a wife and two adult children.  The case settled at mediation one month before trial. 

Todd & Weld’s personal injury practice represents victims of medical malpractice and who suffer catastrophic injuries as a result.  The goal of the practice is to improve the lives of individuals and families affected by others' negligent conduct and to help alleviate the devastating physical, emotional, and financial burdens they suffer.