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Case of the Month September 2019
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Case of the Month September 2019

Med Mal Claim Against Anesthesiologist Settles For $22.5M

V.P.R.M. v. Injured Patients & Families Compensation Fund

Case Type:
Medical Malpractice - Anesthesia

Specific Liability:
Minor reportedly suffered brain damage as a result of oxygen deprivation

General Injury:
Brain Damage: Severe

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiffs' complaint: 2017 WL 11140063
Petition for approval of minor settlement: 2019 WL 2163174

Case Name:
V.P.R.M., pro ami v. Injured Patients and Families Compensation Fund; Continental Casualty Company; Chalifoux

Docket/File Number:
2017-CV-002152

Result Amount:
$22,500,000


Result Date:
April 08, 2019

Judge:
Josann Reynolds

Attorneys:
Plaintiff: Daniel A. Rottier, Habush Habush & Rottier S.C., Madison, WI
Defendant: David E. McFarlane, Bell, Moore & Richter S.C., Madison, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $22,500,000


Summary of Facts:
V.P.R.M., a minor male surgical patient, reportedly suffered brain damage as a result of oxygen deprivation, requiring the need for future medical care, lifelong care and support, and the inability to be gainfully employed, due to the administration of general anesthesia by defendant Michael Chalifoux, who was 3 months from completing his residency, during surgery for a tethered cord. The plaintiffs contended that the defendant failed to react to prolonged low blood pressures. The defendant claimed the attending anesthesiologist failed to obtain blood pressures every 5 minutes, provided an overdose of inhaled anesthetic and other sedating medication, failed to determine that the patient was hemodynamically stable before leaving the operating room, and failed to immediately return to the operating room when a severely abnormally low blood pressure was reported. He also claimed the attending was aware that he had never been involved in an operation on such a young and small patient with the congenital conditions presented.

Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2019 WL 3712143


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