Date: Tue, 4 Apr 2000 18:09:22 -0700 (PDT)

San Francisco Gate - Health

Jury awards more than $12 million to woman left brain-damaged after breast implant surgery

Tuesday, April 4, 2000

Breaking News Sections

(04-04) 00:38 EDT LOS ANGELES (AP) -- A San Bernardino jury awarded $12.3 million Monday to a woman left brain damaged after breast-implant surgery.

Monique Thompson, 31, went into cardiac arrest after suffering seizures caused by a reaction to an anesthetic used during the April 1998 surgery. She remains in a chronic vegetative state in a long-term care facility in La Habra Heights, said her family's attorney, Bruce G. Fagel.

The San Bernardino County Superior Court jury found negligence in post-anesthesia care on the part of Upland Outpatient Surgical Center Inc. and Keith Mathahs, a certified registered nurse anesthetist. The award is the total amount that would be paid if Thompson lives another 23 years, a life expectancy determined by the jury.

Two other defendants settled for undisclosed amounts that will be subtracted from the award. Plastic surgeon Dr. Paul Roher settled in 1998 and a cardiologist settled during trial.

Fagel argued during trial that his client had seizures for 90 minutes while surgical staff monitoring her failed to respond appropriately. Her current condition resulted from inadequate oxygen to the brain, he said.

"The irony is that all she needed was for someone to assist her ventilation," Fagel said. "She really needed very simple, basic treatment.''

William H. Ginsburg, attorney for Upland Outpatient Surgical Center, said his client was not to blame and accused Fagel of "overreaching."'

"I think an appeal will be taken and it will be reversed, unfortunately for this young woman," he said.

Mathahs' attorney, Carol A. Salmacia, did not immediately respond to a message left at her office late Monday.

The jury also awarded $437,000 to repay medical costs since the surgery. San Antonio Community Hospital, also in Upland, waived an additional $250,000 in hospital charges.