Sleep Apnea Surgery Malpractice Lawsuit

In November 2009, a patient underwent multi-level surgery to treat her mild-moderate obstructive sleep apnea by a Houston, TX otolaryngologist.

The surgery included:

• Uvulopalatopharyngoplasty (UPPP)
• Tonsillectomy (typically considered part of UPPP)
• Adenoidectomy
• Hyoid Myotomy
• Genioglossus Advancement

She unfortunately experienced some unspecified complications stemming from this surgery which apparently has not helped with her obstructive sleep apnea either. A malpractice lawsuit commenced and final judgement is still pending.

Let’s take a closer look at the incomplete information provided.

The patient suffered from mild-moderate obstructive sleep apnea which typically means a AHI score of around 15 (< 5 is normal).

For this level of severity, simultaneous multi-level surgery is not typically performed. Rather such extensive surgery is reserved for severe obstructive sleep apnea.

Also unclear is whether any objective studies were performed prior to surgery to try and localize the levels of obstruction that required correction. Such preoperative studies include a sedated endoscopy as well as trial of CPAP usage.

Assuming patient tried and failed to use CPAP and had objective evidence for multi-level obstruction, what did each of the surgical procedures do?

UPPP, tonsillectomy, adenoidectomy address mouth-level obstruction.

Hyoid myotomy and genioglossus advancement address tongue-level obstruction (the tongue can fall backward while sleeping causing obstruction).

Complications can occur for each of these procedures mainly dealing with bleeding, hematoma, infection, or abscess formation. Swallowing problems can also occur with the hyoid myotomy and genioglossus advancement.

Read more information on obstructive sleep apnea.

Source:
Sleep apnea surgery leads to malpractice lawsuit. Southeast Texas Record. 1/23/12

Tonsillectomy Circa 1940s [video]

I encountered this interesting video of tonsillectomy being performed in a child with sedation (but NO intubation) performed circa 1940s.

Of course, nowadays, tonsillectomy is performed under general anesthesia with intubation for airway protection. Here’s a video of the way it is now done.

That is, unless, you practice in other parts of the world where modern medicine is not up to United States standards. In those nations, tonsillectomy is STILL being performed WITHOUT general anesthesia or any sedation for that matter. In fact, here’s a blog I wrote earlier this year showing a graphic video depicting tonsillectomy being recently performed in a young child WITHOUT any sedation.

Tonsillectomy Airway Fire

ABC News reported in 2008 about a California family suing doctors as well as Conmed, an electro-surgical instrument company, for an airway fire that occurred on April 18, 2003 on an 8 years old child during a routine tonsillectomy surgery.

Apparently, an electrocautery device was being used to remove the tonsils when the endotracheal tube caught fire resulting in burns to the child’s mouth and airway (no death). It is suspected that the electrocautery device during the surgery either burned a hole into the endotracheal tube where it encountered oxygen resulting in the fire or there was a leak around the endotracheal tube which caught fire. The jury found the surgeon to be negligent, but returned a defense verdict for the device manufacturer Conmed. The other defendants settled.

Use of electrocautery is still popular among ENT surgeons removing tonsils, but has been abandoned by an increasing number of surgeons (including our practice) over the past few years due to risk of airway fire as well as concern for unnecessary thermal injury to surrounding normal peritonsillar tissues. Electrocautery produces temperatures between 400 to 600 degrees Centigrade which both cuts and stops bleeding simultaneously. However, as can be seen in this unfortunate case, it can also burn through an endotracheal tube and cause an airway fire.

Airway fire is another reason why laser tonsillectomy is rarely performed as the risk is the same if not greater than electrocauterization.

Our office uses coblation technology to remove tonsils. Coblation uses a radiofrequency plasma field to cut and stop bleeding simultaneously at near room temperatures thereby avoiding risk of airway fire as well as thermal injury to surrounding oral tissues.

Of note, there are about 500 cases of operating room fires related to use of electrosurgical instruments every year of which 20-30 causes serious injuries.

Read the ABC News report here.

World’s Largest Tonsils Set in Guinness Book of World Records

It’s official…

The world’s largest tonsils was recently set by a Kansas man who had them removed by tonsillectomy. They measured in at 2.1 inches long and 1.1 inches wide, thoroughly beating the competition.


Read the story on ABC news here.

2 Years Old Child Dies After Tonsillectomy

In Wichita, Kansas, jury has begun deliberation regarding the death of a 2 years old boy in 2006 the day after tonsillectomy surgery. Read the story here.

Based on the limited information provided, the relevant facts I have gleaned from the story are as follows:

• Child was appropriately admitted to the hospital after surgery
• There is some question regarding what was going on with his oxygen levels and other vital signs during hospitalization
• Autopsy revealed pneumonia confined to a small part of one lung
• Hydrocodone was prescribed for pain
• Lack of accurate communication between nursing and the surgeon
• Unclear patient/family factors
• Child had history of breathing problems (probably asthma)

Overall, it seems that this child’s death was the result of many errors that piled upon each other. Any single error certainly wouldn’t have resulted in death.

Reading between the lines, I conjecture the following might have occurred, giving as much benefit of the doubt to all parties involved, though I may be totally wrong:

1) Tonsillectomy surgery was uneventful and routine.
2) During extubation, coughing may have occurred with some aspiration of secretions (extubation… cough, cough, cough… strong inhalation with secretions resulting in aspiration)
3) Child was admitted after surgery due to age.
4) Child was overly sedated with hydrocodone and as such, not able to easily cough up secretions. Rather, probably slept more often than not.
5) Vital signs were probably on the low normal side. If truly abnormal, something should have been done immediately (nebulizer treatments, a chest x-ray, etc).
6) Lungs were listened to and potentially clear on auscultation given pneumonia was localized to only a small part of one lung. This exam was probably performed only once or twice. Given the child was sleeping, nursing may have decided (family may also have requested) that he be left alone so he can sleep rather than be disturbed and examined which would have caused him to start crying.
7) Patient was recommended for discharge the next day based on available information.
8) At home, child still overly sedated given hydrocodone administration by parents to treat pain resulting in inadequate lung ventilation thereby not allowing for aspirated secretions to be coughed up and out.
9) Death

A few areas of concern on my part…

It is possible in the parent’s misguided resolve to ensure their child will not be in pain, that they may have given hydrocodone even if the child was not complaining of pain. It would be important to know what his hydrocodone narcotic level was in his bloodstream. In any event, this only reiterates that hydrocodone should not have been prescribed in a child this age. Rather plain tylenol or at most tylenol with codiene would have been more appropriate and certainly less sedating.

The story also reported the child had a history of breathing problems, most likely asthma. This fact just exacerbated the overall situation. In a healthy child, the lungs would have been much hardier and less prone to compromise.

Second, a pneumonia that has been present for many days is unlikely if localized to only a small part of one lung (one would expect a large area to be affected). Furthermore, if the pneumonia was as severe as they say BEFORE surgery, high fevers would have been present in which case, surgery would have been cancelled regardless of cause due to concern for febrile seizures induced by anesthesia.

In summary, what likely happened was an unrecognized aspiration event in a child with a history of asthma followed by over-sedation with narcotics which led to this unfortunate demise.

But… that’s just my guess based on incomplete information.

Read the story here.

ADDENDUM 7/30/11: Jury ruled in favor of the defendants absolving of any malpractice in this case. Of note, a comment about the case by one of the jurors stated “I was one of the jurors on this case, and it was very hard to come up with a verdict. The reality of the situation is that there was not an acceptable cause of death and there was not enough evidence proving that Wesley and Dr. Kubina more likely than not caused the death.”

Read more here

New Webpage on Peritonsillar Abscess Added to Website

Our office has created a new webpage on the evaluation and treatment of peritonsillar abscess.

Peritonsillar abscess is when a pus collection develops behind the tonsil causing a severe sore throat and trouble swallowing.

Read more on how this condition is treated here.

Sleep Apnea Can Turn Your Child Into a School Bully

This statement is supported by a recently published study indicating that poor sleep, whatever the cause, can be a factor leading a child to bully or display other aggressive behaviors. Among 341 kids who were evaluated, 23% had conduct problems. Of these kids with conduct issues compared to those without, a significant number had symptoms suggestive of a sleep disorder indicated by sleepiness scoring as well as snoring.

It is already known that the prefrontal cortex governs social behavior which is also influenced by sleep. As such, poor sleep can deleteriously influence the brain leading to behavior problems.

Of course, there are other factors that can contribute to sleep problems as well as bullying… such as an unstable family as well as too much technological stimulation (cell phone, internet, television, etc).

As such, as with most things, more study is needed.

But here’s my two cents… Applying some common sense here, ask anybody who has pulled an all-nighter whether they are grouchy the next day and I bet you most will say “of course, no duh”!

Well, here’s a study that supports that! (No duh!)

All kidding aside, if a child is having behavior issues, it may behoove the parents to see if obstructive sleep apnea is present which would lead to poor sleep quality. At least for kids, obstructive sleep apnea can be addressed surgically by removing the tonsils and adenoids leading to markedly improved sleep quality (and hopefully improved behavior as well!).

Reference:
Aggressive behavior, bullying, snoring, and sleepiness in schoolchildren. Sleep Med. 2011 May 25. [Epub ahead of print]

Tonsillectomy WITHOUT Anesthesia in a Child [GRAPHIC]

WARNING!!! 

This video contains a VERY GRAPHIC video of a child having his tonsils removed without anesthesia. This video is EXTREMELY disturbing. DO NOT watch it if you are easily shocked, offended, or have a weak stomach.

A colleague forwarded this video to me and though I regularly perform tonsillectomy, I myself felt quite disturbed by it.

In most countries, tonsillectomy is performed under general anesthesia (as shown in the video at the bottom), but there are still some places in the world where this surgery is performed without any anesthesia. Although I have been aware of this method, I have never seen it done without anesthesia until I watched this video. This particular video was recorded (supposedly) in Belarus.

I was debating whether to embed this video directly in this post, but ultimately decided against it.

To watch this graphic video, click here. 

You have been forewarned regarding the graphic nature.

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Tonsillectomy performed WITH anesthesia as done in most countries is shown in the video below or here:

Tonsillectomy Causes Obesity?

MSNBC published a story on Feb 1, 2011 regarding a new study suggesting a link between childhood obesity and tonsillectomy.

What they found was a greater than expected weight gain in both normal weight and overweight children after tonsillectomy over a 6-12 month period of time. In one study, the average body mass index of the kids increased by about 7 percent. In another analysis of 249 children, 50 to 75 percent of kids had weight gain after surgery. While most weight gain happened in the first year after surgery, scientists don’t know definitively whether it levels off after that.

What is unclear about this research is whether this common surgery to remove tonsils is contributing to the nationwide “epidemic” of obesity.

Several theories have been proposed:

1) One reason why tonsillectomy is performed is because of difficulty breathing. In this scenario, more calories are expended on trying to breath. After tonsillectomy, all the energy expended on breathing is now being used to gain weight instead.

2) Having difficulty swallowing food due to large tonsils may prevent children from eating very much. In this scenario, after tonsillectomy, the child can now eat without problems leading to eating more and gaining weight.

3) In young and school-age children there’s evidence of both a weight gain and a “growth spurt” after tonsillectomy that may be triggered by higher levels of growth factors.

One needs to be careful and realize that this study does NOT prove cause and effect. It suggests a possible association and the only way to know for sure if this common surgery actually causes obesity is to perform a double-blinded, placebo-controlled, prospective study… or at the very least, a prospective study (given it will be near-impossible to have a placebo group and be double-blinded… after all, you can just look to know if the tonsils were removed or not). What will likely end up being true is the fact that obesity is due to a number of factors of which tonsillectomy may play one possible role in certain pediatric populations. In the end, more study is needed.

Regardless of the cause, perhaps the best advice for parents is to have tonsillectomy done for their child only if it is absolutely necessary and if done, keep an eye on how much they are eating and to encourage healthy eating habits.

Read the MSNBC report here.

Reference:
Pending in Feb 2011 Issue of Otolaryngology-Head & Neck Surgery

New Video on UPPP Surgery to Treat Sleep Apnea (Uvulopalatopharyngoplasty)

A new video has been created and uploaded onto our YouTube channel showing how a UPPP (uvulopalatopharyngoplasty) sleep apnea surgery is performed. This surgery is commonly performed to try and improve or even cure obstructive sleep apnea in adults. This surgery rarely is performed in kids.

Read more about UPPP here. More info about obstructive sleep apnea can be found here.

Another operation used to treat obstructive sleep apnea in adults along with UPPP is base of tongue reduction. Read about this operation here as well as watch the video here.

Watch the video here.