Dave Morris recently concluded settlements totaling $2 million in two wrongful death cases arising out of a caesarean delivery during which complications occurred, resulting in the deaths of a 26 year old mother and her child. One lawsuit was filed for the death of the mother, and another for that of the child. The defendants included a nurse anesthetist, a surgeon, an assisting physician, a pulmonologist and Wright Memorial Hospital in Trenton, Missouri, where the decedent mother was admitted for the caesarean.
During the induction of anesthesia, the decedent mother vomited and the stomach contents entered her lungs, causing pulmonary distress, hypoxia, and a myocardial infarction. The medical issues centered upon the manner in which anesthesia was induced, the decision not to deliver the child, and the treatment received in the intensive care unit immediately before cardiac arrest and death. Our anesthesiology expert was prepared to testify at trial that the mother either was not paralyzed at the time of intubation, or cricoid pressure was not applied to prevent aspiration of the stomach contents.
The lawsuits were filed in the Jackson County Circuit Court on May 1, 1991, and set for trial on May 18, 1992. All the defendant physicians were deposed, as well as every nurse, technician or hospital staff member who made any entry in the medical records. These depositions revealed that at the time of intubation, one nurse had observed the decedent mother shake or move in a manner that suggested paralysis was not complete. They also established that shortly before her death, the mother was given curare to paralyze her for transport by ambulance from Trenton to St. Luke's Hospital in Kansas City. We were prepared to present testimony at trial that the curare, which is an histamine, compromised pulmonary function and contributed to the death.
Prior to commencing settlement negotiations, a comprehensive economic analysis was obtained of the pecuniary loss attributable to the death of both the mother and child. We also interviewed more than twenty family members, friends, and teachers and were prepared to present the testimony of those witnesses best able to explain the consequences of the deaths.
In early April, when agreement was reached on the basic terms of the settlement, we had completed all the trial preparations except for deposition of defendants' experts. The settlement provides financial security for the surviving spouse and his 8 year old son, as well as the mother's parents.
