Representative Cases

Failure to Monitor Ventilator Patient in CT Scan

Failure to Monitor Ventilator Patient in CT Scan - -
$7,366,000 Davidson County Verdict

The Plaintiff, a 34 year old lumber worker, was driving while intoxicated along a Perry County Road. He lost control of his truck and hit a tree. That evening, May 29, 1998, he was transported to Baptist-Perry County Hospital for treatment of serious facial fractures. He was evaluated in the emergency room, but the hospital chose to transfer him to Vanderbilt University Medical Center due to the severity of his facial fractures. The Plaintiff arrived at VUMC on May 30, 1998 with a blood alcohol content of .13. His face was swollen, black and blue and he was combative. His family, who arrived on the scene reported that he was in great fear because his eyes were swollen shut, and an endotracheal tube was placed in his throat. In order to treat the combativeness, VUMC administered a copious amount of sedatives to counter-act alcohol withdrawal.

Over the next couple of days, the Plaintiff's face and neck swelled substantially which threatened his airway. His treating physician elected to perform a tracheostomy, which necessitated the use of a ventilator. However, the surgeon testified that the Plaintiff had no serious injuries from the neck down. On June 2, 1998, the Plaintiff was hooked to a transport ventilator and taken to VUMC's CT scan room. Prior to the scan, a nurse chemically paralyzed the Plaintiff so that he would not move in the scan. Thereafter, the nurse and respiratory therapist failed to monitor the Plaintiff's vital signs. Sometime during the scan, the oxygen tank supplying the ventilator ran out of air. For at least 6 to 8 minutes, the Plaintiff was suffocating in the CT scan with no means to breathe or communicate. The nurse and respiratory therapist later found the Plaintiff to be in cardiac arrest. CPR was administered, and the Plaintiff re-gained his heartbeat. Unfortunately, due to the severity of the brain damage, the Plaintiff remains in a persistent vegetative state.

Plaintiff's experts opined that VUMC assigned an incompetent nurse who did not know she was supposed to monitor the Plaintiff's vital signs when he was paralyzed and hooked up to a ventilator. In addition, Plaintiff's experts opined that either the nurse or respiratory therapist suspended the alarms on the cardiac monitor because no alarms were heard when they found the Plaintiff in cardiac arrest. According to VUMC biomedical engineers, the cardiac monitor and ventilator did not malfunction. Plaintiff's experts also opined that the Plaintiff was aware that he was suffocating in the CT scan. Defense experts opined that the oxygen supply was adequate while the Plaintiff was in the CT scan. Alternatively, Defense experts opined that the Plaintiff suffered a sudden cardiac arrhythmia caused by delirium tremens, a severe side effect of alcohol withdrawal. The trial judge found that comparative fault principles enunciated in Gray v. Ford Motor Company applied to the facts of the case and allowed the jury to apportion fault. Plaintiff's counsel contend this was error. After a nine day trial, the jury awarded $7,366,000 in damages and apportioned 30% of the fault to the Plaintiff and 70% to VUMC on 11/19/99.

The style of the case is Qualls v. Vanderbilt, Davidson County Circuit Case No. 98C-2936. Attorneys for Plaintiff - F. Dulin Kelly and Clinton L. Kelly of Kelly & Kelly in Hendersonville, Tennessee, and for the Defense - Robert Walker and Steve Anderson of Bass, Berry & Sims.