In April 2010, Jeff Brown successfully defended an anesthesiologist at trial in Kansas City, Kansas in a matter involving allegations of “Anesthesia Awareness.” The plaintiff underwent a right total hip replacement surgery on June 8, 2006, to replace a surgically repaired arthritic hip that had been reinjured in a fall. The plaintiff alleged that, during the surgery, he suffered an episode of “Anesthesia Awareness” when the inhaled anesthetic agent (Isoflurane) was decreased to offset the plaintiff’s decreasing blood pressure. The plaintiff claimed that he awoke during the surgery and was able to feel all aspects of the operation being performed on his hip and hear discussions in the operating room. Following the alleged event, the plaintiff became an outspoken advocate on the topic of Anesthesia Awareness, making frequent media appearances in local and national media, including appearances on Larry King Live, Anderson Cooper 360 and a feature story in the National Enquirer. In closing arguments, counsel for the plaintiff refused to make a specific demand for recovery, instead asking the jury for what it thought the average person on the street would take in exchange for undergoing the claimed horrific experience of being awake during a surgery. The defendant pointed the jury to the evidence showing the life-saving need for the reduction in the anesthetic gas. The defendant also noted the numerous inconsistencies in the plaintiff’s claimed memory of the awareness that showed it was something that most likely occurred post-operatively, after the patient had been transferred to the intensive care unit. The jury returned an 11-1 defense verdict, finding no negligence after less than 35 minutes of deliberation.
