Carolinas Verdicts

Find out about the most important recent North and South Carolina cases, selected by VerdictSearch editors. Coverage includes Gaston, Mecklenburg and Wake counties in North Carolina and Charleston, Horry and Richland in South Carolina. Subscribe to VerdictSearch Carolinas for access to all Carolinas verdictsPricing Options

Defense: Carotid artery perforation was risk of surgery

Amount:

$438,000

Type:

Verdict-Plaintiff

State:

South Carolina

Venue:

Richland County

Court:

Richland County, Court of Common Pleas

Injury Type(s):

arm; arterial/vascular-thrombosis/thrombus; arterial/vascular-artery, severed/tear

Case Type:

Medical Malpractice – Anesthesiology, Negligent Treatment

Case Name:

Willie Mae Roach v. Elbert G. Thornton and Anesthesiology Consultants of Columbia, PA,
No. 2012CP4006992

Date:

June 12, 2015

Parties

Plaintiff(s):

Willie Mae Roach (Female, 77 Years)

Plaintiff Attorney(s):

Charles L. Henshaw Jr.;
Furr & Henshaw;
Columbia,
SC,
for
Willie Mae Roach

Defendant(s):

Elbert G. Thornton, M.D., 

Anesthesiology Consultants of Columbia, PA

Defense Attorney(s):

Mark Steven Barrow;
Sweeny Wingate & Barrow, PA;
Columbia,
SC,
for
Elbert G. Thornton, M.D., Anesthesiology Consultants of Columbia, PA

Insurer(s):

South Carolina JUA for Thornton and Anesthesiology Consultants

Facts:

In 2009, plaintiff Willie Mae Roach, 77 and retired, presented for a Whipple procedure to remove a mass from her pancreas. Defendant Elbert G. Thornton, M.D., an anesthesiologist with defendant Anesthesiology Consultants of Columbia, PA, attempted to insert a central venous catheter into Roach’s right jugular vein prior to surgery. Dr. Thornton missed the jugular and perforated Roach’s carotid artery. A significant bleed occurred, requiring five units of blood and repair surgery, including compression. The compression technique used to stem the blood loss caused a thrombus to form in the subclavian artery, resulting in permanent injury to Roach’s arm. Roach filed suit against Dr. Thornton and Anesthesiology Consultants, alleging medical malpractice. The technique to insert the central venous catheter required a series of increasingly larger catheters/bores, with proper positioning determined at each step up in size. Blood flow can be stemmed early on if improper placement is recognized. A nurse used an electronic transducer to monitor pressure, but Roach claimed Dr. Thornton did not utilize it until after the large bore was placed and then realized the catheter was misplaced. Roach argued that Dr. Thornton violated the standard of care by failing to use the proper technique to place the central venous catheter, resulting in bleeding and a thrombosis. Roach’s experts opined that Dr. Thornton should not have used blood color to determine placement, as it was unreliable and not an accepted method. Instead, they argued that he should have used an electronic transducer in addition to manometry (measurement of the pressure of fluids). As a result of this testimony, Roach argued that perforation of the carotid artery could have been avoided with proper use of an electronic transducer and manometry. Dr. Thornton contended that he followed all required and recognized standards of care, including manometry and blood color. The defense asserted that everything Thornton did indicated the catheter was in the right location and he could not explain how he perforated the carotid artery. The defense also claimed this was an accepted risk of the procedure.

Injury:

Roach suffered a thrombus in her right (dominant) subclavian artery during placement of a central venous line, resulting in permanent function loss and pain. She required bypass surgery on her subclavian artery and physical therapy, but had to re-learn to use her non-dominant arm to perform normal daily functions. Road claimed in excess of $140,000 in medical expenses. She also sought damages for permanent pain and suffering. The defense did not dispute that Roach suffered a thrombus, but argued she may have experienced difficulties with her arm prior to the attempted surgery, which Roach denied.

Result:

The jury found for the plaintiff and determined that her damages totaled $438,000.

Willie Mae Roach: $163,000 Personal Injury: past & future medicals; $275,000 Personal Injury: non-economic damages

Trial Information:

Judge:

Clifton Newman

Trial Length:

4
 days

Trial Deliberations:

2.5
 hours

Jury Composition:

12 jurors

Post Trial:

Defendants’ post-trial motions for new trial and/or remittitur were pending at the time of publication.

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to a request for comment.