Damaged Vocal Cords Lawsuit

Lowrey v. United States

This medical malpractice claim was filed after a man suffered voice loss due to an unnecessary cric. The lawsuit is against an anesthesiologist. It was filed in Health Claims Arbitration on February 15, 2018, and it is the 79^th medical malpractice case filed in Maryland this year.

There are not many Federal Tort Claims malpractice cases filed in Maryland. Coincidentally, the last two cases in a row filed in Health Claims were FTCA cases against the U.S. government.

Summary of Plaintiff’s Allegations

A man underwent a surgical removal of his spinal discs at C4-C7 with an entry site through his throat. The next day, the man had an acute episode of difficult breathing. When a medical response team arrived in his room, the man was standing up at his bedside and grasping his neck, unable to breathe.

An anesthesiologist asked the man to recline in bed, but the man preferred sitting upright because he felt it was easier to breathe in that position. His oxygen levels were down to 86%. The man was asked to recline anyway, so the anesthesiologist could perform a video laryngoscopy examination. Even with the video laryngoscope, the anesthesiologist was unable to visualize the airway.

Next, the anesthesiologist unsuccessfully attempted to intubate the man three times with a size eight endotracheal tube. Meanwhile, the man’s oxygen stats dropped to 64%. A trauma surgeon arrived at the bedside and decided to perform an emergency cricothyrotomy – an incision in the neck used to create a surgical airway. The man’s oxygen levels then rose to 98%.

After he recovered from the incident, the man realized he had sustained an injury to his vocal cords resulting in long-term voice loss, pain, and weakness.

Additional Comments

• The claimant, who is representing himself pro se, claims the cric was unnecessary. But based on his dropping oxygenation statistics, the procedure might have saved his life. It seems more likely that his vocal cord damage was caused by the multiple unsuccessful intubation attempts with a large-sized tube – either way, the claimant will have to find an expert witness anesthesiologist to review his case and corroborate his claim.

• The government is going to defend this case by saying we did everything we could to save this man’s life. We are sorry about his injury, but this was the right choice to make given the oxygen deprivation the man was facing.

• A cricothyrotomy is a technique in which the physician uses a scalpel to make an incision through the anterior surface of the neck and through the cricothyroid membrane into the trachea in order to establish an airway for the patient until a definitive airway can be established. Why not do a tracheotomy? A cricothyrotomy is often preferred to a traditional tracheotomy because it is easier to do, it is faster, and it provides a good airway. If the airway needs to remain open for a long period of time, the doctors will usually convert the cricothyrotomy to a tracheotomy.

• Whenever you read one of these pro se malpractice cases, you wonder if the plaintiff knows that he needs an expert to support the claims of a breach of the standard of care.

• Vocal cord paralysis is a life-altering condition that affects everything from your ability to speak to your capacity to breathe comfortably. In some cases, this injury results from surgical mistakes, intubation errors, or medication reactions. When a preventable cause is involved, a vocal cord paralysis lawsuit may be the only path to accountability and compensation.

• Patients often discover too late that a paralyzed vocal cord can come from something as routine as neck surgery or improper anesthesia technique. If you are asking yourself, “Can I sue for vocal cord paralysis?” the answer depends on how the injury happened and whether medical negligence played a role. These cases frequently involve complex causation and require expert review of medical records and procedure notes.

• Some clients search for answers about paralysis compensation, but the legal focus needs to be more specific. A paralysis injury lawsuit involving damage to the recurrent laryngeal nerve or vagus nerve carries different implications than a general paralysis claim. The impact of even partial vocal cord paresis can mean long-term speech therapy, breathing difficulty, and permanent voice changes.

• We have also seen a rise in unusual drug-related injuries, including rare case reports linking immunosuppressants like cyclosporine to vocal cord paralysis. If a medication or off-label drug caused your symptoms, there may be grounds for a product liability claim or failure-to-warn suit.

• Whether your injury resulted from a botched procedure, an unexpected side effect, or a failure to diagnose, these cases require attention from attorneys who understand both the medical field and the law. Every voice matters.

• That said, these are tough cases. We reject 98% of the calls that come in with vocal cord paralysis. Most of the time, the injury is either not caused by malpractice or the medical records do not support a claim that can be won. That does not mean your suffering is any less real. It just means the legal standard for proving fault and damages is extremely high in these cases. But when there is a strong factual record, when the negligence is clear, and when the injury is permanent and life-altering, these cases can be successful.

Jurisdiction

• Baltimore City

Defendants

• United States of America
• An anesthesiologist

Hospitals Where Patient was Treated

• Baltimore/Perry Point Veterans Affairs Medical Centers

Negligence

• Failing to properly visualize the airway.
• Failing to exhaust all other options before performing a cricothyrotomy.
• Failing to adequately train medical staff.
• Failing to perform the appropriate tests, screenings, and cultures.
• Failing to properly examine, treat, and monitor the claimant.
• Failing to timely recognize the claimant’s deteriorating condition.

Specific Counts Pled

• Medical Negligence
• Lack of Informed Consent

Getting a Lawyer for Your Malpractice Claim

Have you suffered a hospital injury due to the negligence of a doctor? Miller & Zois can help you. Call us at 800-553-8082 and speak to one of our medical malpractice attorneys who can help you or get an online case review.

More Malpractice Claim Information

• Take a look at sample verdicts and settlements from Baltimore City.
• Learn how to determine the value of a medical malpractice case.
• Read more about intubation error malpractice claims.