Essex County Pediatric Malpractice Case Involves Brain Damage After ENT Surgery

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Essex County Pediatric Malpractice LawyersIn a pediatric malpractice case in Essex County, New Jersey, a young boy suffered significant brain damage and long-term complications after a routine tonsillectomy.

The victim in this case, Mike Charles, was only two-years-old when he underwent a tonsillectomy, adenoidectomy and airway-widening procedure at Jersey Shore University Medical Center. The surgery was performed on February 26, 2013 by ear, nose, and throat (ENT) doctor Samuel Engel. The procedure, which involved removal of the tonsils and adenoids, as well as widening of the airway, was intended to correct problems with snoring. Often, these procedures are used to treat sleep apnea, but may also improve breathing overall.

Following the surgery, Mike was transferred to the pediatric intensive care unit, where he began experiencing respiratory distress. According to the lawsuit, Dr. Engel examined Mike and then left him under the supervision of a pediatric resident and a nurse. Although Mike was experiencing further distress, the lawsuit claimed that no one was called to check the progression of his condition. In fact, the unit’s attending physician said that he contacted Dr. Engel twice to inquire about whether or not Mike should be intubated, to which Engel allegedly responded “no.” Engel denied that this interaction ever occurred.

Another doctor, a pediatric anesthesiologist, examined Mike at approximately 5:00 p.m. He also reportedly recommended that intubation should be performed, but was allegedly told not to proceed by Engel. Then, at 5:10 p.m., Mike went into cardiac and respiratory arrest. After 6 minutes passed, he was intubated and revived upon Engel’s arrival; however, the oxygen deprivation severely damaged his brain. The lack of oxygen resulted in numerous long-term complications, including hypoxic ischemic encephalopathy, blindness, developmental delays, and seizures.

According to the lawsuit, Mike was suffering from a condition known as post-obstructive pulmonary edema (POPE), which involves fluid build-up in the lungs and can follow airway surgery. The plaintiffs alleged that had the medical professionals intubated Mike earlier, his brain may not have sustained prolonged lack of oxygen and resulting brain damage.

Post-obstructive Pulmonary Edema (POPE)

Post-obstructive pulmonary edema (POPE), can occur in two distinct scenarios. POPE I develops from a sudden, severe upper airway obstruction, such as choking, drowning, croup, or epiglottitis. On the other hand, POPE II can occur after a surgical procedure to relieve a chronic upper airway obstruction, as was suggested in Mike’s case. The onset of POPE is extremely rapid and can unexpectedly create a life-threatening condition that must be treated immediately. Symptoms of post-obstructive pulmonary edema include:

  • Agitation
  • Abnormally rapid breathing
  • Rapid heart rate
  • Coughing up blood (can appear frothy and pink)
  • Rales: a rattling sound heard when listening to unhealthy lungs; and
  • Oxygen desaturation: reduced oxygen in the blood

Often, signs of POPE are misdiagnosed as other causes of postoperative respiratory distress. If a person is diagnosed with POPE, immediate action must be taken to prevent oxygen deprivation, brain damage, and even death. Typical treatments include intubation, supplemental oxygen, and support. If appropriate and timely intervention is taken, most patients fully recover from post-obstructive pulmonary edema. Tragically, this was not the case for Mike, who will suffer the consequences for the rest of his life.

Pediatric Malpractice Attorneys Serving Essex County and New Jersey

At Fronzuto Law Group, our attorneys are dedicated to advocating for victims of medical malpractice and pediatric negligence throughout New Jersey. We understand the toll that these devastating events can take on you and your family, and we are committed to holding medical professionals accountable while aggressively pursuing the compensation you deserve. If your child or a loved one sustained injuries as a result of medical negligence in New Jersey, contact our offices today at 973.435.4551 for a free consultation.

For additional information pertaining to this case, access the following article: $4.25 Million Settlement in Child Med Mal Case in Essex

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