$2.5 Million Settlement in Wrongful Death Following Improper Monitoring

LaTresia Austin, 39, was a breast cancer survivor. She elected to undergo a one-hour reconstructive breast surgery at a San Diego hospital. When her breathing tube was removed postoperatively, her vocal cord spasmed. Unfortunately, the tube was reinserted into her esophagus, and allegedly it took more than ten minutes for doctors to realize she was experiencing oxygen deprivation.

When the error was discovered, Austin was transferred to the ICU where she died of a hypoxic brain injury. Her death was caused by the breathing tube mishap and the ten-minute delay in reacting to the emergency: oxygen deprivation to the brain. She was survived by her husband and child.

Austin’s estate sued the Regents of the University of California, alleging improper monitoring and choosing not to timely check the breathing tube, which was the cause of her brain injury and finally her wrongful death.

Before trial, the parties settled for $2.5 million.

The attorney representing the Austin family was Amy Martel.

Austin v. Regents of the University of CA, No. 37-2023-00028678-CU-MM-CTL (Cal. Super. Ct. San Diego County).

Kreisman Law Offices has been handling medical malpractice cases, surgical error lawsuits, and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Flossmoor, Tinley Park, Palos Hills, Calumet City, Morton Grove, Niles, Des Plaines, Glencoe, Willowbrook, Chicago (Rogers Park, Portage Park, Lincoln Park, West Town, Hegewisch, East Side, Chatham), Libertyville, Mundelein, Waukegan and Hinsdale, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.