One Million Dollar Settlement Reached in DuPage County in a Medical Negligence Action

The wife of a 29-year-old man received a $1 million settlement on Monday, October 5, 1998, as a result of a medical negligence action in DuPage County. The settlement was reached before Judge Stanley Austin. The case arose from the death of David Collins on September 26, 1994, at Good Samaritan Hospital in Downers Grove, Illinois. He left surviving him, his wife, Lisa Collins.

On September 15, 1994, David Collins, a resident of Wood Dale, Illinois, was injured in a motor vehicle accident. He was taken to Good Samaritan Hospital for treatment of his primarily orthopedic injuries, consisting of right wrist, elbow, and left leg fractures. The leg fractures were treated surgically on September 15, 1994. A second surgery was scheduled for that Sunday, September 18, 1994. Between September 16 and September 18, David Collins showed significant risk factors for aspiration (vomiting of stomach contents into the trachea and lungs). The law firm of Corboy & Demetrio, P.C., represented the plaintiff. The firm explained:

There were numerous warning signs that this patient would be at risk for vomiting at the time of anesthesia for the second surgery. These risk factors all showed a decreased ability of the body to process the stomach contents, and to keep those contents within the stomach cavity. They are: (1) recent trauma from the accident; (2) recent surgery on September 15; (3) patient pain levels requiring continuous intravenous morphine; (4) decreased bowel sounds; (5) decreased appetite; and (6) an episode of vomiting the previous night before surgery.

The firm stated that the anesthesiologist, MA. Salome Tacadena, M.D., ignored those signs and proceeded with the general anesthesia. The firm stated:

The standard of care required that Dr. Tacadena be aware of these signs and their significance. With that information, the defendant anesthesiologist was required to take steps to eliminate the risk of aspiration. These steps are a rapid sequence induction or a draining of the stomach contents before surgery.

Dr. Tacadena failed to take either step, and the patient did aspirate his stomach contents into his lungs. This began a chemical reaction within the lungs, which is known as Adult Respiratory Distress Syndrome. Mr. Collins remained on a respirator and was rendered unconscious by drugs from the time of his surgery until his death on September 26, 1994.

Dr. Tacadena did claim that she was not informed of the pain medication or of the episode of vomiting by the nursing staff. However, these events were clearly recorded in the patient's chart.

Under the terms of the settlement, Dr. Tacadena, by her insurance carrier, Illinois State Medical Insurance Services, will pay $950,000, and Good Samaritan Hospital will pay $50,000. The firm stated: There was a rush to perform this surgery on a Sunday morning. In that frantic environment, the anesthesiologist failed to recognize the risk for aspiration, and to take steps to prevent it. A young life was lost as a result of that rush.

The plaintiff was represented by Corboy & Demetrio, P.C.

Dr. Tacadena was represented by Marc Ginsburg of Rooks, Pitts & Poust. Good Samaritan Hospital was represented by Richard Barrett of Cassiday, Schade & Gloor. The case was filed in the Circuit Court of DuPage County, No. 95 L 1407.