Attorneys successfully defended a Medical Center in a two week trial in a case involving "Lazarus Syndrome"

Attorneys successfully defended a Medical Center in a two week trial in a case involving "Lazarus Syndrome", or spontaneous restoration of circulation and respiration, in a woman who had been coded for over 30 minutes, with 13 attempts at defibrillation, absence of pulses and respirations, virtually throughout the code, followed by pronouncement of death. More than 30 minutes later, a tech went back into the room to take the body to the morgue and detected respirations. The woman was resuscitated and survived with brain damage. Aside from agency liability, the claim against the hospital focused upon a failure to properly triage the patient who had presented with indigestion, chest pain, and risk factors for cardiac disease, a failure to implement the hospital's own Chest Pain Protocol, and a failure to promptly obtain an EKG. An EMTALA violation was also asserted, gaining federal jurisdiction. As to EMTALA, the hospital defended that it conducted an appropriate Medical Screening Exam in a timely fashion, and diagnosed an emergency medical condition (evolving acute M.I.). As to triage and the protocol, the hospital maintained the patient's presentation was much more like a G.I. presentation, and even though the patient was triaged to wait, she was brought back right away and seen within 5 minutes by the P.A. The evidence was disputed as to whether and when the patient was put on a monitor, nasal oxygen was applied, and an I.V. started. Experts disagreed whether earlier diagnosis of the M.I. would have prevented the code, and also to what extent the brain damage was sustained during the code versus the half-hour after pronouncement, when the patient had no cardiorespiratory support. The jury was unable to reach a unanimous verdict on negligence, but did agree that proximate cause had not been proved, resulting in a defense verdict.