Failure to Diagnose Breathing Problem Results In Structured Settlement of Over $1,000,000

Attorneys Joseph Manna and Lynn Bochenek recently obtained a structured settlement of over $1,000,000 for their client against a hospital that failed to diagnose and treat an intubation problem, which caused the death of a father. The patient had been intubated after sustaining non-life threatening burns in a house fire. He was rushed to a hospital where he was recovering while intubated.

What is Intubation?

Intubation is the use of a breathing tube to deliver oxygen to a patient’s lungs. Many times, a patient’s natural breathing is suppressed with medications in order to ventilate the patient more comfortably and efficiently. When this type of ventilation is done, the patient is unable to breath on their own and healthcare providers must be careful that there are no problems with the breathing tube. If problems with the intubation tube arise, they must be addressed immediately so that the patient is not deprived of life giving oxygen.

Problems With Intubation Tube Not Addressed

In this case, the patient’s ventilator alarm began to sound moments after a nurse had cleaned the intubation tube by suctioning it out. A hissing sound could be heard along with gurgling, which are telltale signs of a problem with the intubation tube that requires the tube be replaced immediately.

Unfortunately, the nurse silenced the alarm, not recognizing that an emergency was in process. Instead of immediately addressing the problem, the nurse put out a routine call for a respiratory therapist to investigate and assist. None came, even after four pages had been placed for a respiratory therapist.

The patient’s blood oxygen quickly desaturated, causing his heart to stop. Although a code was called, the father was deprived of oxygen for too long and he tragically passed away.

Structured Settlement for Patient’s Family

The settlement proceeds obtained in this case will be used to ensure the financial future of the man’s 5 year old daughter. Using a process called a structured settlement, the settlement is expected to grow to well over $1,000,000 by the time the young girl is ready for college.

A structured settlement is a financial planning tool that is used to safeguard and grow settlement money for children and adults. It involves purchasing very safe annuities in exchange for a promise from a financially secure company to pay interest rates higher than one can obtain from an ordinary bank savings account. There are many financial advantages to using this settlement tool.

For More Information

If you have questions regarding medical malpractice or feel you or a loved one has been the victim of medical malpractice, contact Joseph Manna or Lynn Bochenek for a free case review. They can be reached via e-mail at and as well as office phone at (716) 849-1333 and cell phone at (716) LAW-3333.