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Tuesday, April 7, 2020

Patient alleges no anesthesia during surgery in $5 million suit

By Noddy A. Fernandez | Nov 13, 2017

Medical malpractice 09

EAST ST. LOUIS — A patient is suing for $5 million after he allegedly did not receive anesthesia during surgery at the Marion VA Medical Center. 

James Wesley Hack filed a complaint on Oct. 2 in the U.S. District Court for the Southern District of Illinois against United States of America for allegedly violating the Federal Tort Claims Act.

According to the complaint, Hack alleges that on Feb. 12, 2016, he visited the Marion VA Medical Center for podiatric surgery consisting of a right side Achilles tendon reattachment and calcaneal exostectomy. He was scheduled to receive Sevoflurane anesthesia but claims he failed to receive the anesthesia while undergoing surgery. 

As a result, Hack claims he experienced intense physical pain and mental anguish. 

The plaintiff alleges the defendant failed to provide the anesthesia he was scheduled to receive during surgery, failed to properly set up and monitor the vaporizer that was essential for delivering the Sevoflurane and failed to monitor the gas monitor or the monitoring flow chart, which plainly showed that the plaintiff was not receiving Sevoflurane.

The plaintiff requests a trial by jury and seeks judgment in the amount of $5,000,000 and costs of suit. 

He is represented by Patrick Murphy of Murphy & Murphy LLC in Marion.

U.S. District Court for the Southern District of Illinois case number 17-cv-1060

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Organizations in this Story

Murphy & MurphyU.S. District Court for the Southern District of Illinois