Professional Negligence Law Reporter

Anderson v. United States, No. 3:16-cv-05781-RBL (W.D. Wash. Aug. 14, 2019).

Doe, 13 months, underwent surgery at a military hospital to remove a benign facial cyst. During the procedure, the attending surgeon and anesthesiologist did not communicate with one another about the surgeon’s use of an electrocautery device or the risk of fire during the surgery. Additionally, the anesthesiologist stood in such a way that he could not see what the surgeon was doing. Consequently, the anesthesiologist allowed concentrated oxygen to come into contact with the electrocautery device, resulting in a fire that caused Doe to suffer second-and third-degree burns to half of his face. Now 4, he has undergone four reconstructive surgeries and anticipates future surgeries.

Doe, through a guardian, and Doe’s parents sued the United States, alleging FTCA liability. The plaintiffs claimed that the defendant negligently failed to implement a surgical fire prevention policy or train its employees regarding prevention of such fires.

The court awarded $12.3 million. The defendant has appealed.

Plaintiff counsel: AAJ members Jeremy Johnston and Gemma Zanowski, both of Tacoma, Wash.

Plaintiff experts: Don Kikkawa, ophthalmology, and Mayer Tenenhaus, plastic surgery, both of San Diego.