PHILADELPHIA – A Philadelphia man who suffered permanent brain damage after a laser probe broke off during surgery will be compensated by a medical device company for $12.75 million.
Michael Brassloff, a former school principal and avid marathon runner, underwent brain surgery to remove a meningioma, a benign tumor, on Oct. 16, 2015 at Thomas Jefferson University Hospital in Philadelphia, when he was 71 years old.
During the surgery, a carbon dioxide-cooled laser probe device, the Monteris Medical-manufactured NeuroBlate 2.2 mm Sidefire, was inserted into Brassloff’s skull.
However, the tip of the laser probe broke and shot pressurized carbon dioxide into Brassloff’s brain, causing him to both lapse into a coma for the following three weeks and to suffer severe, irreparable brain damage.
Brassloff’s brain damage has led him to have difficulty with his balance, coordination, walking, moods, suffer seizures and symptoms commonly associated with Parkinson’s Disease.
Michael Brassloff and his wife Mona Brassloff filed suit against Minnesota-based Monteris Medical Inc., the neurosurgeon who performed the procedure, Dr. Kevin Judy, and Thomas Jefferson University Hospital, where the surgery took place.
The Brassloffs asserted Dr. Judy used the NeuroBlate 2.2 mm Sidefire laser probe device for the benign tumor removal surgery, while being aware it had not yet been tested for that procedure, and disregarded numerous Neuroblate software messages to stop using the device during the surgery.
According to the plaintiffs and their counsel, Dr. Judy’s decision caused pressurized carbon dioxide to be released directly into Brassloff’s brain, causing his catastrophic brain injuries.
“Dr. Judy also failed to inspect the probe and perform a diagnostic MRI on the plaintiff to ensure his well-being after the Neuroblate system disabled itself, with the software showing messages it had done so for patient safety,” stated Shanin Specter, a member of plaintiff counsel.
The plaintiffs argued that at trial, Dr. Judy, a physician employed by Jefferson University Physicians and a professor at Thomas Jefferson University Hospital, testified that he normally ignored such error messages during procedures and was unaware he could do a diagnostic MRI in mid-surgery – despite such images being stored on the MRI machine from Brassloff’s surgery, and interpreted by a hospital radiologist that same day.
During defense questioning of an expert witness on Feb. 21, the plaintiffs moved for a mistrial. Philadelphia County Court of Common Pleas Judge Marlene Lachman granted the motion, and the plaintiffs requested a new trial.
Meanwhile, Monteris Medical Inc., based in Plymouth, Minn., then agreed to pay Brassloff and his family $12.75 million.
The company did not return a request for comment from the Pennsylvania Record.
“The family is gratified by settlement with Monteris Medical, which helps address many of Mr. Brassloff’s deficits. We intend to report the settlement to the Food & Drug Administration so they may consider regulatory and enforcement action,” said Specter and Kila Baldwin of Philadelphia-based Kline & Specter, who represent the family.
The plaintiffs are represented by Specter, Baldwin, Gary Zakeosian and Phil Pasquarello, also of Kline & Specter.
The defendants are represented by Carolyn M. Bohmueller, Daniel F. Ryan III and Lisa J. Peters of O’Brien & Ryan in Plymouth Meeting, plus Jillian T. Flax, John J. McDonough, Eric Berger and Patrick B. Sardino of Cozen O’Connor, in both Philadelphia and New York City.
Philadelphia County Court of Common Pleas case 160803335
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com