Rookie Physician Chosen for High-Risk Patient with Previous Anesthesia
Problems
Shawn Springs of Washington Redskins and Everson Walls, Former Dallas
Cowboys Teammate, Offer Statements
Case Filed in State Court; 2nd Lawsuit in Federal Court to Mount
Constitutional Challenge to Texas Award Cap
DALLAS, Jan. 22 /PRNewswire/ -- After the triumph of a successful
kidney transplant from his Dallas Cowboys teammate Everson Walls early last
year that was cheered by millions of fans around the country, former NFL
star Ron Springs was celebrating life. This celebration turned into the
tragedy of a grossly botched minor surgery in October 2007 and the wife of
the former Cowboys running back today sued two area doctors, claiming their
actions left her husband in a coma for the remainder of his life.
On behalf of Plano resident Adriane (Mrs. Ron) Springs, Les Weisbrod of
Miller, Curtis & Weisbrod, LLP, a Texas law firm that specializes in
medical malpractice and catastrophic injury litigation, filed a civil
action today in state District Court of Dallas County. The lawsuit alleges
that anesthesiologist Joyce Abraham, M.D.; Texas Anesthesia Group, P.A.;
and plastic surgeon David Godat, M.D. were grossly negligent in
administering anesthesia to Ron Springs during minor surgery at Medical
City Hospital in Dallas last fall to remove a small cyst on his left
forearm.
Within weeks of this state action, Mr. Springs will join and become a
lead plaintiff in a federal constitutional challenge to the Texas cap on
non-economic damages in healthcare liability actions. The plaintiffs who
are in the constitutional challenge will allege that the Texas law violates
the U.S. Constitution.
"Ron was doing so well after his kidney transplant," Mrs. Springs said.
"Now he can move very little and cannot respond to our words. We never
imagined that such a minor operation would have such a tragic outcome. We
are devastated."
She was joined at the news conference by Ron's son, Shawn Springs, a
star cornerback with the Washington Redskins, and Everson Walls, a close
friend and former Dallas Cowboys teammate of Ron Springs who donated a
kidney to Mr. Springs in early 2007.
"This is a tragic situation for me and my entire family," said Shawn
Springs, who, like his father, has excelled in football with the Washington
Redskins. "My father and I talked each and every week before my games. The
Thursday night before this devastating procedure we visited for over two
hours on the phone. He shared with me his excitement about what he had
planned for the future and his commitment to The Ron Springs and Everson
Walls Gift for Life Foundation, its messages and supporters. All this and
more has been taken away from my family."
The 51-year-old Mr. Springs, a Type 2 diabetic for sixteen years,
received a kidney transplant in February 2007 from his close friend and
former Dallas Cowboys teammate Everson Walls. Mr. Springs had gone home and
come off dialysis before the bungled and unnecessary general anesthesia
left him, according to the lawsuit, in a persistent vegetative state,
totally mentally and physically handicapped.
"I'm extremely angry," Mr. Walls said. "I gave a kidney so my dear
friend could live a more normal life. Ron and I established the Foundation
(http://www.giftforlifefoundation.org) to show people the importance of
organ donations and the successes of transplants. Too many people have
misconceptions about what happened to Ron. The transplant and recovery were
a success. Now his life is in ruins due to a simple cyst removal."
The lawsuit charges that on October 12, 2007, Mr. Springs entered the
hospital for the cyst procedure. No appropriate pre-operative laboratory
studies were ordered for the patient, a high-risk candidate for any
operation due to his kidney transplant and related diabetes.
Dr. Abraham, only three months out of her anesthesiology residency,
also did not review the medical records from Mr. Springs' transplant
surgery that noted his difficulties with the breathing tube used for
general anesthesia. She never successfully placed a tube down his throat.
Mr. Springs immediately started having problems breathing. Still unable
to insert the breathing tube, Dr. Abraham induced a paralyzed state to try
intubation again, and was still not successful. During this time, Mr.
Springs suffered a heart attack and stopped breathing; he was revived and
another physician managed to insert a breathing tube through his nose, but
by this time Mr. Springs had been deprived of oxygen long enough to sustain
extensive brain damage. To this day he remains unresponsive to verbal
commands.
"Given Mr. Springs' medical history, he never should have been
scheduled for general anesthesia for such a minor procedure," said Les
Weisbrod, partner, Miller, Curtis & Weisbrod and president-elect of the
America Association for Justice (AAJ) which was formerly known as the
Association of Trial Lawyers of America (ATLA). "In all likelihood, Mr.
Springs would be doing fine today had the anesthesiologist not been a
rookie and if the doctors had done their homework. The doctors' gross
negligence has taken away from the Springs family a loving father and
devoted husband and cost the people of Texas and our country the loss of a
true hero and role model."
"This case underscores the injustice of a $250,000 cap in Texas on
non-economic damages for the most severely injured victims of medical
malpractice. The laws need to be changed so that other catastrophic victims
like Ron Springs can be fairly compensated," Weisbrod said.
In her lawsuit, Mrs. Springs charges Dr. Abraham with gross negligence
for failing:
-- To perform a proper pre-operative evaluation;
-- To perform pre-operative laboratory studies;
-- To discuss different anesthesia options and the associated risks with
Ron Springs and his family;
-- To select the appropriate method of anesthesia;
-- To respond properly once she recognized Springs' difficulty breathing
and;
-- To intervene appropriately in Ron Springs' care and treatment.
The lawsuit presents similar charges against Dr. Godat and also cites
him for not choosing an experienced anesthesiologist more suited for a
high-risk patient.
The lawsuit asks for an unspecified amount of actual, exemplary, and
punitive damages from Dr. Abraham, Dr. Godat and their practices for Mr.
Springs' past, present and future loss of earnings, medical expenses, pain
and suffering and loss of enjoyment of life.
SOURCE Miller, Curtis & Weisbrod, LLP
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Related links:
http://www.giftforlifefoundation.org
CONTACT:
Catharine Flagg of The Buzzell Company,
+1-214-219-9191, cell, +1-214-697-1952, cf@buzzellco.com, for
Miller, Curtis & Weisbrod, LLP
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