Professional Negligence Law Reporter

Doe, 1, had a history of ear infections, sickle cell disease, and breathing difficulties. He underwent an adenoidectomy and a bilateral myringotomy tympanostomy with tubes procedure (BMTT) at the Walter Reed National Military Medical Center. During the 45-minute operation, Doe experienced low blood pressure, an elevated heart rate, and respiratory problems. The attending anesthesiology team administered 450 milligrams of magnesium sulfate as a bolus, which caused Doe’s blood pressure to drop. He went into cardiac arrest, resulting in brain damage.

Now 6, Doe is unable to walk, feed himself, or speak.

Doe’s mother, individually and on his behalf, sued the United States, alleging medical negligence. The plaintiffs asserted that the anesthesiologists should have administered epinephrine or stopped the BMTT procedure when Doe experienced low blood pressure and respiratory problems. Additionally, the plaintiffs claimed that the anesthesiologists administered an improper dose of magnesium sulfate and failed to infuse it slowly over the course of 10 to 20 minutes. The procedure also should have taken no more than 25 minutes, the plaintiffs asserted, adding that it took longer because it was being performed by a resident, not the attending otolaryngologist.

The court awarded the plaintiffs more than $14.2 million, finding that the attending anesthesiologists and otolaryngologist were negligent.

Citation: Harris-Reese v. United States, No. 1:19-cv-01971-TDC (D. Md. July 20, 2022).

Plaintiff counsel: AAJ member Robert R. Michael, AAJ member Gregory K. Wells, and Andrew J. Hall, all of Rockville, Md.