Case details
Packing of nose bleed did not cause optic neuropathy: doctor
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
blindness, face, nerve, neurological, nose, one eye, sensory, sinus, speech
FACTS
On June 3, 2011, plaintiff Shirlene Fuller, 74, a retiree, underwent sinus surgery performed by Dr. David Stone, an otolaryngologist, at the Hacienda Surgery Center in Pleasanton. Fuller previously complained of sinusitis and hearing loss, and was subsequently referred to Stone by her primary care physician. As a result, she began treating with Stone at his office in Pleasanton on May 10, 2011. Fuller was initially treated with three different antibiotics, which did not improve her condition, and then underwent a CT scan for further evaluation of her condition. When the film revealed a bilateral sinus obstruction, Stone recommended sinus surgery to remedy the sinusitis and hearing loss. After being cleared by her primary care physician and neurologist, Fuller was scheduled for sinus surgery at the Hacienda Surgery Center. Fuller also required a bridge treatment protocol, since she was taking aspirin and Coumadin for a 2006 stroke, to minimize risks during surgery, which Fuller admittedly followed. Stone then performed the surgery on June 3, 2011, and Fuller was transferred to the center’s post-anesthesia care area. While recovering post-surgery, Fuller experienced an increase in blood pressure and began bleeding from her nose. She was subsequently taken back to the operating room, where Stone packed Fuller’s nose with zero foam to stop the bleeding. Soon thereafter, Fuller suffered optic neuropathy, which ultimately caused blindness in her right eye. Fuller sued Stone. Fuller alleged the doctor was negligent in the performance of the sinus surgery and in the post-operative treatment he rendered, and that this negligence constituted medical malpractice. Plaintiff’s counsel contended that Stone negligently performed the sinus surgery, causing Fuller’s post-operative bleed. Counsel also contended that Stone applied too much pressure to the optic nerve when he packed Fuller’s nose, causing the “traumatic” optic neuropathy and subsequent loss of vision in her right eye. Thus, plaintiff’s counsel argued that Stone’s operative and post-operative treatment of Fuller fell below the standard of care. Stone claimed that he complied with the standard of care, and that the bleeding was a known risk of the surgery and was properly controlled. He claimed his packing of the bleed did not cause “traumatic” optic neuropathy, but, rather, Fuller suffered an embolic event originating in her totally occluded right carotid artery. Thus, Stone claimed the embolic event was another manifestation of her occluded artery that caused her 2006 stroke and was totally unrelated to the sinus surgery and post-operative bleed., Fuller suffered a post-operative nose bleed and was subsequently taken back to the operating room, where her nose was packed with zero foam to stop the bleeding. Soon thereafter, she suffered optic neuropathy, which ultimately caused blindness in her right eye. Fuller claimed that she is now totally blind in her right eye, which affects her ability to read, walk and engage in other activities of daily life due to her imbalance. Thus, she asked the jury for $250,000 in damages for her past and future pain and suffering.
COURT
Superior Court of Alameda County, Hayward, CA
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- brain
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- epidural
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