Dallas Jury Awards $7 Million Against Siemens Medical Systems Inc.; Defective Ventilator Blamed in Death of Kerrville Man.

Business Editors & Legal Writers

DALLAS--(BUSINESS WIRE)--July 13, 2001

After just two hours of deliberations, a unanimous jury in U.S. District Judge Barbara Lynn's court on Thursday afternoon awarded the widow of a Kerrville man $7 million. The jury found Siemens Medical Systems Inc. liable for defective design of a ventilator, which left the man unable to breathe following his 1996 heart bypass surgery.

"No amount of money is going to bring Bill Anderson back to life," says Dick Sayles, who along with attorney Bob Crotty represented Mr. Anderson's widow, Sandra Jo Anderson. "But this award sends a message to Siemens Medical Systems that they should take another look at their many ventilators, of this same design, that are in use in hospitals throughout the country."

Sayles is with the Dallas law firm of Sayles Lidji & Werbner, P.C., and Crotty is with the Dallas law firm of Crotty & Johansen, L.L.P.

In May of 1996, Mr. Anderson, a retired professional jockey, underwent successful heart bypass surgery at St. Luke's Hospital in San Antonio. After the surgery, he was put on a Siemens Servo 900C ventilator in the recovery room. At some point while in the recovery room, the ventilator was inexplicably switched from an automatic breathing mode to a manual mode, cutting off his air supply. In the manual mode, the machine's apnea alarm is disabled and the medical personnel did not notice Mr. Anderson was not breathing. The amount of time he wasn't breathing isn't precisely known, but was sufficient to cause respiratory arrest leading to cardiac arrest, Sayles says.

Mr. Anderson survived, but during resuscitative attempts suffered a debilitating stroke. Left almost completely paralyzed, unable to talk, and unable to take care of his own personal needs, he had to be cared for by his wife for the 23 months that followed. He died in 1998 from complications of the stroke and pneumonia. He was 68.

Following her husband's death, Mrs. Anderson moved to Amarillo to be near family, Sayles says.

The jury found that the design of the ventilator was defective and found Siemens Medical Systems 100 percent liable for the incident involving Mr. Anderson at St. Luke's, resulting in the stroke that led to his death. No negligence was found on the part of the doctors and staff of St. Luke's.

The $7 million award was comprised of $500,000 in past actual damages and $5.5 million in future damages to Mrs. Anderson, as well as $1 million in actual damages for Mr. Anderson for the 23 months prior to his death.

To arrange an interview with Sayles or Crotty, or to receive copies of the relevant pleadings in Sandra Jo Anderson v. Siemens Medical Systems, No. 3:98-CV-1850-M, please contact Amy Hunt at 800/559-4534 or [e-mail].