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Susan Morgan, Esquire
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Endotracheal Tube Dislodgement Leads to Death of 27-Year-Old Woman

Susan A. Morgan, Esquire, and Marc G. Brecher, Esquire have obtained a large confidential settlement in a lawsuit against a local hospital and its intensive care staff who failed to respond in a timely manner when a patient's ventilator alarm repeatedly sounded, indicating that her endotracheal tube had dislodged. The patient was a 27-year-old woman, disabled from a rare congenital syndrome, who was hospitalized for respiratory insufficiency. Instead of determining the cause of the alarm sounding, the ICU nurse merely silenced and reset the alarm. Unfortunately, the young woman eventually coded due to the tube dislodgement and suffered irreversible brain damage before she was re-intubed. She never regained consciousness and died several days later.

Settlement Obtained in Lawsuit Against Surgeon Who Left Surgical Instrument in Patient’s Body

Susan A. Morgan of WNW&B has obtained a settlement in a lawsuit against a surgeon who left a surgical instrument in the patient’s body. In this unusual case, an orthopedic surgeon left the surgical instrument in the patient’s hip during a hip replacement operation. Although a postoperative x-ray performed the day after surgery clearly showed the instrument, it was not discovered until approximately one year later when a routine follow-up x-ray revealed its presence. Remarkably, the patient’s recovery from the hip replacement surgery was not impeded by the retained instrument. However, the patient required a second surgery to have the instrument removed.

$800,000 Verdict for Family of Girl Drowned at YMCA Pool

May 2004

Evans, 11, was on a class field trip to a swimming pool. An hour after the students got to the pool, Evans was found floating facedown and unconscious in the water. She died of acute respiratory distress syndrome (ARDS) a month later. Her medical expenses were $55,000. She is survived by her mother and siblings.

Evans's estate [represented by Wapner Newman attorneys Marc G. Brecher and Susan Morgan] sued the local YMCA, a branch of the national organization, alleging negligent supervision in that the head lifeguard had only assigned two lifeguards to monitor the crowded pool. Plaintiff alleged that Evans must have been in the pool for at least one to two minutes, and the fact that she had aspirated vomit demonstrated that water had entered her lungs. Had there been more lifeguards, plaintiff argued, she would have been noticed much faster.

Defendant contended Evans was found within 45 seconds of her submersion, proving the lifeguards were doing their jobs adequately. Defendant also claimed Evans vomited because she had just eaten, rather than because water had entered her lungs. Thus, the ARDS was a result of her vomiting, rather than her submersion.

A jury awarded $800,000.

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