Professional Negligence Law Reporter

Thomsen v. Nizzi, No. 2017 32373 NM (Mich. Cir. Ct. Traverse Cnty. Mar. 19, 2019).

Karl Thomsen, 57, underwent a Roux-en-Y gastric bypass performed by general surgeon Michael Nizzi. While still hospitalized after the surgery, he suffered respiratory failure. Staff intubated Thomsen, who aspirated his vomit during the difficult intubation. He later became septic and underwent emergency surgery to treat a necrotic and perforated bowel resulting from a bowel herniation.

After his discharge from the hospital, he could not eat or drink and required care from a home health nurse for two months. He also underwent skin graft surgery to cover his open abdominal wound; however, he required an additional procedure due to a bowel fistula, which closed up but recurred approximately three years later after he had begun treatment for leukemia. As a result, he postponed his cancer treatment and later died of his condition. Thomsen, a respiratory therapist, is survived by his partner and his two adult children.

Thomsen’s partner, on behalf of his estate, sued Nizzi and his employer, alleging medical malpractice based on Nizzi’s performance of an incorrect procedure, his failure to obtain informed consent, and his failure to order a postoperative CT scan to rule out a bowel obstruction. The plaintiff alleged that Nizzi should have recommended a laparoscopic sleeve gastrectomy instead of the Roux-en-Y, which was risky in light of Thomsen’s severe sleep apnea and previous abdominal surgery. The plaintiff claimed $336,000 in lost income.

The jury awarded $836,000.

Plaintiff counsel: Stephanie Hoffer and Aubri Sheremet, both of Grand Rapids, Mich.