Michigan Verdicts

Type:

Verdict-Defendant

State:

Michigan

Venue:

Macomb County

Court:

Macomb County, Circuit Court

Injury Type(s):

Case Type:

Wrongful Death; Medical Malpractice – Surgeon, Brain Injuries, Delayed Treatment, Post-Operative Care, Lost Chance of Recovery

Case Name:

Estate of Sandra Peetz and Leo Tondreau, Personal Representative v. Henry Ford Macomb Hospital, Henry Ford Macomb Hospital Clinton Township Campus, Sachinder S. Hans, M.D., Li Zhang, M.D., Macomb Anesthesiology,
No. 2009-002913-NH

Date:

April 27, 2018

Plaintiff(s):

Estate of Sandra Peetz (Female, 59 Years)

Plaintiff Attorney(s):

John C. Kaplansky;
Law Office of John C. Kaplansky, PC;
Bingham Farms,
MI,
for
Estate of Sandra Peetz

Defendant(s):

Li Zhang, 

Sachinder S. Hans, 

Macomb Anesthesiology, 

Henry Ford Macomb Hospital, 

Henry Forod Macomb Hospital Clinton Township Campus

Defense Attorney(s):

Wilson A. Copeland II;
Grier, Copeland & Williams, PC;
Detroit,
MI,
for
Sachinder S. Hans ■ Michael R. Janes;
Martin Bacon & Martin, P.C.;
Mount Clemens,
MI,
for
Henry Ford Macomb Hospital, Henry Forod Macomb Hospital Clinton Township Campus ■ Arthur W. Jalkanen;
Schwartz & Jalkanen, P.C.;
Southfield,
MI,
for
Li Zhang, Macomb Anesthesiology

On Dec. 7, 2007, plaintiff’s decedent Sandra Peetz, 59, a retiree, presented to Henry Ford Macomb Hospital for a carotid endarterectomy, which involved removal of plaque buildup from inside the carotid artery. The procedure was performed by vascular surgeon Sachinder S. Hans, M.D. Peetz demonstrated neurological deficits after the surgery, and a second surgery was performed a few hours later. However, there was no improvement after the second surgery and a CT scan was ordered. The CT scan reportedly revealed a chronic subdural hematoma, which was allegedly not known to Hans before the initial procedure, as it was asymptomatic. It was determined that the administration of heparin (a blood thinner) at the beginning of surgery caused the chronic subdural hematoma to leak, forming an acute subdural hematoma and causing Peetz’s brain to herniate. Peetz died in the early morning hours the following day. Leo Tondreau, personal representative of Peetz’s estate, sued Henry Ford Macomb Hospital, Henry Ford Macomb Hospital Clinton Township Campus, Sachinder S. Hans, M.D., anesthesiologist Li Zhang, M.D. and Zhang’s practice, Macomb Anesthesiology, alleging medical malpractice and wrongful death. The hospital settled for a confidential amount five years before trial. The claims against Zhang were dismissed. The case proceeded against Hans. The initial procedure was performed at 8 a.m. on December 7, with the second procedure performed at 1:30 p.m. the same day. The CT scan was ordered by Hans at 4:30 p.m., after an hour of observation, and was then read at 5:30 p.m. The estate alleged that Hans should have ordered the CT scan immediately after the second surgery, which the estate asserted would have saved the patient’s life, albeit with sequelae from the subdural hematoma. The estate argued that Hans violated the standard of care when he failed to timely order the CT scan, resulting in Peetz’s death. Hans denied any negligence, contending that his decisions were appropriate. He also contended that he performed the second surgery suspecting that the patient suffered from the most common complication of a carotid endarterectomy, which is a stroke. Hans argued there was no violation in the standard of care, as this was the only reported case in over 50 years of performing this procedure wherein a chronic subdural hematoma was found. Hans maintained that he had no reason to suspect there was a chronic subdural hematoma, he properly observed the patient for the common complication of stroke, he timely ordered the CT scan and the patient’s death was the result of a perfect storm of events.

Peetz died from a brain herniation caused by an acute subdural hematoma leaking into the chronic hematoma following a carotid endarterectomy. The estate claimed the patient would have survived had a timely CT scan been performed. The estate sought damages for wrongful death and lost chance of survival. Peetz was survived by two adult children and grandchildren. Hans denied any violation in the standard of care and argued that no damages were due or owing. Case evaluation was approximately $200,000.

The jury rendered a defense verdict.

Judge:

James M. Biernat Jr.

Trial Length:

2
 weeks

Trial Deliberations:

80
 minutes

This report is based on information that was provided by Hans’ counsel. Plaintiff’s counsel did not respond to a request for comment, and the remaining defendants’ counsel was not asked to contribute.