Wyandotte County, Kansas. Defense Verdict
The plaintiff was a 45 year old male who was undergoing hip replacement surgery. He claimed that during the surgery he experienced an episode of Anesthesia Awareness as a result of inappropriate administration of anesthesia. Our client, an anesthesiologist, lowered levels of an inhaled anesthetic agent due to concerns with the plaintiff’s vital signs during the surgery. Following the alleged event, the plaintiff became an outspoken advocate on the topic of Anesthesia Awareness, making frequent media appearances in local and national media, including appearances on Larry King Live, Anderson Cooper 360 and a feature story in the National Enquirer. The pre-trial settlement demand was for a non-negotiable payment that was withdrawn shortly before trial. In closing arguments, counsel for the plaintiff refused to make a specific demand for recovery, instead asking the jury for what it thought the average person on the street would take in exchange for undergoing the claimed horrific experience of being awake during a surgery and have the ability to feel each cut of the surgeon’s scalpel without being able to even blink an eye or lift a finger to stop it. A defense verdict was returned after less than 35 minutes of deliberation.