Facts

On April 24, 2018, plaintiff Antonio Leon, 50, sought medical attention at Los Angeles Community Hospital's emergency department after swallowing a fishbone. While undergoing general anesthesia, anesthesiologist Georgia Bode, M.D. encountered difficulties intubating Leon. Despite recognizing the risks of her inability to intubate and oxygenate Leon, Dr. Bode failed to use basic interventions to protect Leon, leading to a tragic sequence of events resulting in him suffering an anoxic brain injury from a lack of oxygen. Antonio was placed into a medically induced coma for several weeks and had multiple seizures and prophylactic brain cooling. Leon woke up several weeks later with permanent paralysis and irreversible brain damage.

Six years later, Leon remains bedbound and dependent on full-time nursing care.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant's actions involved grave errors that endangered the plaintiff's safety and well-being.

Firstly, she deviated from the agreed-upon MAC Anesthesia, opting for general anesthesia despite knowing it increased the risk to Leon.

Secondly, her failure to possess the necessary reversal drug (Suggamadex) for the paralytic she administered, a drug with intermediate-lasting paralytic effects, underscores a critical lapse in preparation. Additionally, she negligently permitted excessive intubation attempts, far beyond what is considered safe practice. After repeated unsuccessful attempts, Bode's failure to reposition the plaintiff, or attempt other drugs, or devices to assist in getting Leon oxygen. Most egregiously, instead of stopping the procedure to ensure proper oxygenation and awaken the plaintiff when he regained spontaneous breathing, she callously opted to paralyze him again, exacerbating the oxygen deprivation he suffered, which required an emergency tracheostomy.

DEFENDANT'S CONTENTIONS: Defendant contended that Dr. Bode did nothing wrong and that the head and neck surgeon was responsible for the injuries (the surgeon settled separately with plaintiff).

Insurer

CAP-MPT

Settlement Discussions

Plaintiff sent a CCP 998 offer for $1 million in 2020; Defense rejected the CCP 998 offer, filed a Motion for Summary Judgment, and never offered any money to settle.

Specials in Evidence

Meds: $567,350.29 Loe: $150,000 Future Loe: $457,000 Future Meds: $8.3 million Past General Damages: $10,000,000.00 Future General Damages:$9,250,000

Injuries

Brain injury, permanent paralysis.

Result

The jury awarded plaintiff $28,724,350.

Deliberation

one day

Poll

12-0 Liability; 11-1 causation; 12-0 on all special damages and past general damages; 9-3 on future General Damages

Length

two weeks