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Oberle

Trusted Member
$21 million doesn't suck, but having to sacrifice grandma's brain (and life) for it sure does. :banghead:

The family of an 81-year-old Belleville woman who died after getting unnecessary brain surgery has been awarded $21 million, her attorney says.

Lawyer Geoffrey Fieger said Thursday he's also asking Wayne County Prosecutor Kym Worthy to launch a criminal investigation into the matter.

The patient, Bimla Nayyar, died two months after the January 2012 brain surgery. Nayyar was in Oakwood's Dearborn hospital to get a procedure to "pop" her jaw bone back into place. Instead, she is dead because she received the "wrong surgery," Fieger said Thursday.

"This is beyond horrific," said Fieger, whose offices are in Southfield.

The verdict was announced Wednesday in Wayne County Circuit Court. Fieger said it was the largest verdict this year in the state.

Nayyar was seeking a procedure from relief from TMJ, or temporomandibular joint disorders, a common problem. After the incorrect surgery, Fieger said, she was on life support and died two months later.

"She suffered horribly," Fieger said.

* * *

Her family took the remains of Nayyar, who was Hindu, back to India and spread her ashes over the River Ganges.

* * *

Fieger said the mix-up occurred as a result of hospital staff putting Nayyar's name on the wrong X-ray form. After Nayyar was taken into the operating room, five holes were drilled into her brain and the right side of her skull was removed before the medical staff realized its mistake, Fieger said.

"They poked around in her brain before realizing they had the wrong patient," he added.

The woman's family was not told about the mistake, Fieger said, and neither was the state of Michigan.

"After (Oakwood) knew, they let her die," he said. "They never admitted it. They never wrote in her chart they had the wrong patient."

Nayyar's family's suspicions were raised when her X-rays were different than when she went into the hospital.

Fieger said he feels a crime was committed, claiming Nayyar's medical records were falsified.

Fieger said the hospital admitted to its mistake two years later, but "they never apologized to the family."

Fieger said there are likely "two victims" in the case. He said the other patient probably also died because he or she did not get the brain surgery needed.​

http://www.detroitnews.com/story/ne.../05/07/awarded-woman-died-operation/70935370/
 
This happens more often than people realize.
If your loved one dies unexpectedly in a medical facility, ask for their records. Seriously.
 
The poster above me speaketh the TRUTH. They were having to mark limbs and areas/sides of the body with Sharpies/purple surgical markers as legal, pre-op protocol back when I was in nursing school.

But, how in the hell you can go in for TMJ surgery and come out with brain surgery that kills you is a cake-taker and a half. And putting an 81 y.o. woman under general anesthesia is kinda risky in itself. Probably why they got an atty. the caliber of Geoffrey Fieger to represent them. This one's so outrageous I wouldn't be surprised if he took it pro bono.
 
Here's a little more info. below which says by the time it's all said and done, the family may only end up with less than a million (shows award amt. calcs @ the end of the article). I found this while I was surfing to see if I could find anything on him representing her/them pro bono, but couldn't find anything on it. Since he's such a famous Crim. Def. and Med Mal atty., my guess is he'll get his standard cut. If he'd taken it pro bono, I'd definitely think it would've made the news.


635665971493044563-Nayyar-Bilma.jpg
It wasn't supposed to be brain surgery.

A jury awarded the family of an 81-year-old Belleville woman $21 million this week in a lawsuit against Oakwood Hospital. The family claimed the hospital mistakenly operated on her brain in January 2012 when she just needed a simple procedure on her jaw.

Bimla Nayyar never recovered from the surgery and died 60 days later.

Oakwood Hospital is not admitting any wrongdoing and said it will appeal Wednesday's verdict in Wayne County Circuit Court.

In a statement, Oakwood said, "We're very concerned about how the details of this case have been portrayed." Paula Rivera-Kerr, spokeswoman for Oakwood Healthcare, said she could not give further comment.

Oakwood Hospital is part of Oakwood Healthcare and the newly formed Beaumont Health system of southeast Michigan.

Attorney Geoffrey Fieger, representing Nayyar's family, said in an interview Thursday that he could not recall a worse mix-up and initial cover-up by a hospital.

"In 37 years of practice, this is the most shocking abuse I have ever seen," Fieger said.

Nayyar had been admitted to Oakwood Hospital in Dearborn in January 2012 for a procedure to treat her bilateral jaw displacement. She was already in precarious health and recovering from a heart attack she had suffered in October.

But after mixing up her CT scan results with those of another patient, hospital staff thought that Nayyar had bleeding in her brain and needed immediate surgery, according to the family's lawsuit.

She was wheeled into an operating room, the lawsuit said, where five holes were drilled into her head and the right side of her skull was sawed out and replaced.

"They poked around in her brain, couldn't find anything and closed her up," Fieger said.

Afterward, a doctor told Nayyar's family that they found no skull fracture or brain bleeding and that there must have been a mix-up in the radiology records, the lawsuit says. The hospital did not disclose to the family the full extent of their error until those details emerged at trial, Fieger said.

In a sworn affidavit, Oakwood Hospital's chief quality and patient safety officer described how hospital staff determined that the CT scan, which they thought had been done on Nayyar, was actually done on a different patient.

However, the patient safety officer, Sara Atwell, said this mix-up wasn't the result of a failure on Oakwood's part to develop and follow proper procedures.

Nayyar never recovered from surgery and lingered on life support for 60 days. She died in hospice care on March 11, 2012, once she was taken off a ventilator.

Fieger said he believes the jury's award is the largest medical negligence award this year in Michigan.

Bloomfield Hills attorney Deborah Gordon, a prominent trial lawyer who has won several multimillion-dollar verdicts, said the size of the jury's award in this case is unusual for a patient of advanced age and likely reflects the strength of Fieger's case.

In hospital death cases, jurors are instructed to consider the number of years the person might have lived, Gordon said. Cases that result in large awards often involve babies who were harmed during delivery.

"In my opinion, for a 81-year-old to get a $21-million verdict is a hugely successful result," she said. "He must have presented to jurors a lot of evidence that the pain and suffering was significant, that the whole event was so wrong."

Another prominent attorney, Keefe Brooks of Birmingham, said the verdict amount could be cut down substantially as the case continues. He noted how economic damages in such cases are to be based on the individual's lost future wages.

"So I'm not sure how there would be much in the way of economic damages" for someone who is 81, he said. "This verdict could well be below a million dollars when it's done."

Nayyar was survived by her husband, Ramesh Nayyar, two daughters, a son and several grandchildren. The family brought her ashes to her native India, where, in Hindu custom, they were spread at the holy River Ganges.

Oakwood Hospital is part of Oakwood Healthcare and the newly formed Beaumont Health system of southeast Michigan.

Contact JC Reindl: 313-222-6631 or jcreindl@freepress.com. Follow him on Twitter @JCReindl.

How the jury determined its $21-million award:

• $300,000 for medical and funeral expenses

• $13 million for damages for pain and suffering

• $4.5 million for damages suffered by next of kin.

• $2.2 million for damages to be suffered in future by next of kin.

(Plus $1 million for interest and other expenses, according to Fieger)

Source: Wayne County Circuit Court documents


http://www.freep.com/story/news/loc...7/family-woman-died-oakwood-surgery/70936136/
 
QUOTE: And putting an 81 y.o. woman under general anesthesia is kinda risky in itself

It was probably only supposed to have been a ten minute procedure at the most once she was under and chances are only a local anesthetic was ordered for her which makes this such a crazy ass nightmare! Of all people the surgeon should have noticed what his patient looked like. Even if she was prepped and ready for surgery he should have noticed something was not right.
 
How the fuck do you fuck this up this badly? And how are criminal charges not being filed? And what happened to the other patient? How could the medical staff hide this?
 
My friend's father died because of a hospital error. When they met with the hospital's legal dept/lawyer they were encouraged to take the settlement, because her father was old so they probably wouldn't get very much if they went to court. :punch:
 
My friend's father died because of a hospital error. When they met with the hospital's legal dept/lawyer they were encouraged to take the settlement, because her father was old so they probably wouldn't get very much if they went to court. :punch:

I'm agreeing with the punch emoji. :( <3
 
More on the case...

Switched Cat Scans Results in Brain Surgery Mix-Up

According to the lawsuit, after mixing up her CT scan results with those of another patient, hospital staff thought the woman had bleeding in her brain and needed immediate surgery. She was wheeled into the operating room where five holes were drilled into her head and the right side of her skull was sawed out and replaced. “They poked around in her brain, couldn’t find anything and closed her up,” said the Geoffrey Fieger, the family’s attorney.

A safety officer said the mix-up wasn’t the result of a failure on Oakwood’s part to develop and follow proper procedures. The family only became suspicious when they noticed the woman’s x-rays were different than when she was admitted to the hospital. According to Fieger, the woman’s family was not told about the mistake, nor was the state of Michigan. He also claims Oakwood falsified medical records and never admitted their mistake until trial, two years later. Despite admitting they operated on the wrong patient, Oakwood said they had done no harm to her. Fieger also stated that during closing arguments, Oakwood’s attorney (John Monnich) asked the jury to send the plaintiffs back to India as their verdict; the woman and her family had recently immigrated to the U.S. An appeal is planned.

The appeal will delay payment and justice (perhaps deny it) for this terribly wronged family. The hospital seems to have taken the attitude that an 81-year-old life is not worth much. The jury, obviously, disagreed. Michigan tort reform may reduce the verdict; the court of appeals and/or the very conservative Michigan Supreme Court may reverse.

Jury awards $21M to family of woman who died after mistaken operation
Although Bimla died, Oakwood Hospital claimed at the trial they never did any damage to her. Fieger says Oakwood never reported its mistake to the state of Michigan and now he wants the Wayne County Prosecutor to go after those responsible with criminal charges.

"I am asking Kym Worthy, I have the evidence," Fieger said. "It is a crime in Michigan to write false and misleading medical records."

In an affidavit filed in court, Oakwood's patient safety officer said they did not breach the standard of care.


Additional links that might be of interest...

Jury Awards $21 Million in Mistaken Brain Surgery Case

Fieger Announces $21 Million Verdict Against Oakwood Hospital In "Wrong Patient” Death

 
Unable to find any additional info on the other patient. Did a case search here’s the link if you’d like to check it out.

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(link)

Case Docket Number: 327506
BIMLA NAYYAR V OAKWOOD HEALTHCARE INC
 
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