Levin & Perconti secured a $3.45 million settlement for the family of a 78-year-old man who suffered permanent brain damage after experiencing cardiopulmonary arrest during a CT scan at a Chicago-area hospital. Despite showing signs of respiratory distress and abnormal blood gas levels, the patient was sent for imaging without ventilatory support. Attorneys Margaret P. Battersby Black and Jaime Koziol Delaney represented the family.
What Happened
In September 2015, a 78-year-old man was admitted to a Chicago-area hospital after experiencing complications from an outpatient transurethral resection of the prostate (TURP), a procedure used to remove prostate tissue.
Upon admission, the patient was confused and exhibited signs of respiratory distress associated with chronic obstructive pulmonary disease (COPD), a condition that makes breathing difficult.
Laboratory results suggested that the patient was retaining excessive carbon dioxide or experiencing hypoxemia, a condition in which the blood contains dangerously low levels of oxygen.
Despite these warning signs, hospital staff sent the patient for a CT scan several days after his admission without providing ventilatory support.
During the examination, the patient was placed flat on his back. While undergoing the scan, he suffered cardiopulmonary arrest, meaning his heart stopped pumping blood effectively and he stopped breathing normally.
The arrest resulted in a permanent anoxic brain injury, a severe form of brain damage caused by a lack of oxygen.
Our client never recovered from the neurological damage and died approximately 18 months later. He was survived by his two adult children.
What Levin & Perconti Argued
Levin & Perconti argued that hospital staff failed to adequately recognize and respond to the patient’s compromised respiratory condition before sending him for imaging.
The firm maintained that the patient’s confusion, respiratory distress, and abnormal laboratory findings should have prompted additional precautions before proceeding with the CT scan.
Despite evidence that the patient was experiencing difficulty maintaining adequate oxygen and carbon dioxide levels, he was transported for imaging without ventilatory support and positioned flat on his back.
Our attorneys argued that the hospital’s failure to account for these respiratory risks contributed to the cardiopulmonary arrest that caused his permanent brain injury.
The firm also maintained that the neurological damage resulting from the arrest caused or contributed to his eventual death.
“This patient was already showing signs of serious respiratory problems before he was sent for imaging. The medical team needed to recognize those warning signs and take appropriate precautions to protect his breathing. Instead, he suffered a cardiac arrest during the examination that left him with permanent brain damage.”
$3.45 Million Settlement
Levin & Perconti secured a $3.45 million settlement for the patient’s family, resolving the medical malpractice and wrongful death claims.
The settlement went to his two adult children, who lost their father after a devastating brain injury that likely would have been prevented with appropriate medical care.
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