Anjarwala v. Rush University Medical Center, et al

Outcome: Verdict for $22.5 million

Description: On January 2, 1997, Taher Anjarwala, a forty nine year old taxi-driver, presented to the emergency room at Rush North Shore Medical Center in Skokie, Illinois, and subsequently underwent coronary artery bypass graft (CABG) surgery by Dr. Somers (an agent of Cardiovascular Surgery Associates) on January 6, 1997. Mr. Anjarwala had previously undergone a CABG surgery in 1991. As a result of scar tissue which formed in his chest after the 1991 CABG surgery, during the 1997 surgery upon cutting Mr. Anjarwala's chest open the saw entered his heart complicating the surgery and resulting in over 8 hours on the heart-lung pump and necessitating the implantation of a left ventricular assist device (LVAD). Mr. Anjarwala was then transferred to Rush-Presbyterian St. Luke's Medical Center (RPSLMC) on January 7, 1997. While at RPSLMC, Mr. Anjarwala developed swelling in his lower legs resulting in bilateral compartment syndromes. This condition causes muscle death in the calves due to decreased blood flow to the muscle. CK enzyme readings on January 8, 2002 indicated muscle damage. The compartment syndromes went undiagnosed until, according to a nurse, 11:00 a.m. on January 9, 1997 when Dr. James, a cardiovascular surgery resident (and RPSLMC employee), tested the compartment pressures. Several hours later, at 2:00 p.m., Dr. Winkel, a staff cardiologist (and RPSLMC employee), diagnosed compartment syndrome in the presence of Dr. James.. The compartment syndromes were finally treated at 7:30 p.m. with a fasciotomy (a surgical procedure to relieve the pressure) by Dr. James, however the muscle had already died and Mr. Anjarwala required bilateral above the knee amputations later that month. Dr. James denied having any recollection of testing the compartment pressures at 11:00 a.m. or of being notified of the diagnosis at 2:00 p.m. The Plaintiffs alleged that the Defendants Dr. Somers and RPSLMC were negligent in failing to assign an attending surgeon to follow Mr. Anjarwala after the transfer to RPSLMC, and that Dr. Winkel failed to notify a surgeon of her diagnosis of compartment syndrome. The Plaintiffs also alleged that Dr. James and the other house staff failed to timely diagnose and treat the compartment syndromes and failed to perform timely fasciotomies after the diagnoses. Dr. Somers and Cardiovascular Surgery Associates contended that he properly transferred the patient to RPSLMC as per Rush North Shore protocol. Dr. Winkel contended that she should have been able to rely on Dr. James to diagnose and treat the compartment syndromes after pointing out that there was Aa problem with the legs@ because he was a board eligible surgeon capable of performing a fasciotomy. Dr. James contended that he did not recall anything prior to the 7:30 fasciotomy except that Mr. Anjarwala was very sick, and that they were doing everything they could just to save his life.