Hospital, Anesthesiologist Face Malpractice Lawsuit in High School Principal's Death
The lawsuit claims an anesthesiologist failed to give a patient enough oxygen during surgery.
July 22, 2019 at 03:01 PM
3 minute read
A new lawsuit claim's an anesthesiologist's negligence caused the death of a Westfield High School principal who slipped into a coma during a bone marrow donation procedure.
Derrick Nelson died at age 44 in April because of negligence by anesthesiologist Jerry Baratta during the operation at Hackensack University Medical Center, according to the lawsuit filed Monday by David Mazie of Mazie, Slater, Katz & Freeman in Roseland. Nelson, a popular educator and officer in the U.S. Army Reserves who served in Afghanistan, had volunteered to donate his bone marrow to a teenager in France who was battling cancer.
Besides Baratta, the suit names as defendants his practice, Hackensack Anesthesiology Associates; Hackensack University Medical Center; and the John Theurer Cancer Center at Hackensack. Sheronda Braker, Nelson's fiancee and the mother of his child, filed the suit as administrator of his estate.
When Nelson underwent the bone marrow donation procedure, he was overweight and was known to have sleep apnea, placing him at higher risk when undergoing anesthesia, according to the suit. As the procedure progressed, Nelson's condition deteriorated and his heart rate became slower, the suit claims. His oxygen saturation level, which was at the already low level of 91 at the outset of the procedure, fell to a level of 31.
It wasn't until that point that Baratta administered oxygen to Nelson, but the volume was insufficient, the suit claims. Baratta's negligence caused Nelson to suffer a severe brain injury due to lack of oxygen, which ultimately caused his death, according to the suit. It's unclear if the bone marrow harvesting procedure was completed, Mazie said.
Baratta negligently breached the standard of care by administering anesthesia despite Nelson's low level of oxygen saturation, and by failing to supply him with additional oxygen, the suit claims.
Nelson's death prompted an outpouring of grief by students and community members. Gov. Phil Murphy ordered flags to fly at half-staff in honor of Nelson on April 15.
Nelson, who became acting principal at Westfield High School in 2016 and was appointed principal in 2017, died on April 7, one month after going into a coma.
Donating his bone marrow was something Nelson “signed up for years earlier” and was “something he wanted to do,” Mazie said.
Nelson was “at slightly higher risk due to his sleep apnea. All they needed to do was closely monitor him, but they didn't,” Mazie said.
A reporter's call to Baratta's office about the case was not returned. Hackensack University Medical Center, through spokeswoman Mary Jo Layton, issued a statement about the suit. “We were saddened by the tragic death of Dr. Derrick Nelson and have shared our deepest sympathies with his family, his students, the community, his friends and colleagues he touched,” the hospital statement said. “He leaves a remarkable legacy as an educator and veteran. We are unable to say more at this time due to the litigation process; however, we have been in communication with the family through their legal representation. It is important to note that the safety of our patients remains our primary focus and we have one of the largest and most experienced transplantation teams in the country.”
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