Legal Briefs: Bone Marrow Donation Settlement

A New Jersey medical malpractice case was settled for $5.5 million before trial.

The case involved a popular 44-year-old high school principal who had volunteered to donate bone marrow to help a 14-year-old he had never met. The principal had a history of sleep apnea and was a carrier for sickle cell anemia, raising concerns about anesthesia. Ultimately, it was decided to do the surgery under local anesthetic.

At some point in the surgery, the patient’s oxygen level plunged, and the anesthesiologist failed to promptly administer oxygen. After the surgery, the patient fell into a coma from which he never recovered. He died a month later. His fiancé hired a malpractice attorney who filed a lawsuit against the anesthesiologist and others.

The Case

The attorney admitted in court documents that he had consulted with numerous experts, 2 of whom said that no medical malpractice took place, before finding an expert who faulted the anesthesiologist. However, armed with this, and the great outpouring of love for the principal in the community, the attorney was able to work out a settlement.

There was a movement to rename the high school for the principal and multiple scholarships had been created in his name. The principal had served as an officer in the Army Reserve for over 20 years. These factors would have likely had an impact on the jury if the case went to trial, said the attorney.

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.