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Professional Negligence Law Reporter

Medicine

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Improper monitoring

November/December 2024

LaTresia Austin, a 39-year-old breast cancer survivor, elected to undergo a one-hour reconstructive breast surgery at a San Diego hospital. When her breathing tube was removed postoperatively, her vocal cord spasmed. The tube was reinserted into her esophagus, and it allegedly took more than 10 minutes for doctors to realize she was experiencing oxygen deprivation. After being transferred to the ICU, Austin died of a hypoxic brain injury. She is survived by her husband and child.

Austin’s estate sued the Regents of the University of California, alleging improper monitoring and failure to timely check the breathing tube.

The parties settled for $2.5 million.

Citation: Austin v. Regents of the Univ. of Cal., No. 37-2023-00028678-CU-MM-CTL (Cal. Super. Ct. San Diego Cnty. Mar. 28, 2024).

Plaintiff counsel: AAJ member Amy Martel, Del Mar, Calif.