Kellie Johnson, a senior paralegal at Wagstaff Law Firm, writes about the significant role played by Sommer Luther, a partner at the firm, in a trial that resulted in a $67.35 million verdict. 

Denver, Colo. - Aug 19, 2024 - Sommer Luther, a partner at Wagstaff Law Firm, was a part of a trial team that secured a $67.35 million dollar verdict for a minor child in a medical malpractice case against a team of healthcare specialists and perfusionists. The lawsuit was brought by the parents on behalf of the minor child who was severely injured after cardiac surgery resulting in permanent brain injury. 

The child, Leo, was born with a ventricular septal defect, a common heart defect found in children that consists of a hole between the right and left ventricles, and which needed to be surgically closed. During the operation, the cardiothoracic surgeon placed a ligature in the descending aorta which obstructed the flow of blood and oxygen to Leo's abdomen and lower extremities.

After the ligature was placed and while the operation was still ongoing, Leo showed many signs that he was not receiving adequate perfusion to his lower body. The perfusionists, whose responsibility is to ensure adequate perfusion, failed to appropriately interpret and communicate the signs of inadequate perfusion to the cardiac surgical team.

As a result, Leo continued to suffer from a lack of perfusion to his lower body while in post-surgery recovery. It wasn't until his legs turned blue and cold to touch that the healthcare team took him back to the operating room where the ligature was discovered and removed. Leo suffered tissue cell death over the seven-hour period he was having inadequate perfusion. The tissue cell death allowed for a common fungus known as aspergillus, to translocate into Leo's blood stream, travel to his brain and seed, causing his permanent and debilitating brain injury.

The jury found the perfusionists and the entire healthcare team negligent for Leo's injuries. They awarded plaintiffs a total of $67.35 million, including over $14.5 million for past to present pain and suffering, and over $52.8 million for future pain and suffering.

The trial team included Sommer Luther from Wagstaff Law Firm, and James Puga, Molly Greenblatt and Nathaniel Deakins from Leventhal Puga Braley, PC. The case was tried in Denver County District Court before the Honorable Judge Andrew Patrick McCallin.