The Register-Herald, Beckley, West Virginia

Local News

May 2, 2008

Settlement reached in suit over anesthesia

A wrongful death lawsuit that accused a local anesthesiologist of leaving a man conscious but paralyzed during surgery, prompting him to take his own life two weeks later, has been settled confidentially, according to documents filed in Raleigh County Circuit Court.

The lawsuit, filed by the family of Sherman Sizemore, claimed the Raleigh County Baptist minister was paralyzed but fully aware for 16 minutes after the first incision of an exploratory laparotomy with gall bladder removal at Raleigh General Hospital on Jan. 19, 2006.

Sizemore’s family contended Dr. Bruce Cannon, anesthesiologist for Raleigh Anesthesia and Associates, administered a paralytic agent which rendered Sizemore unable to move, speak or communicate, but failed to administer inhalational anesthesia, which would have put him to sleep.

“For 16 minutes after the first incision, he was completely immobilized by a paralytic but was fully conscious, aware and experienced all sensations because he had not been administered anesthesia,” court documents alleged.

During the surgery, according to the documents, Cannon discovered the failure and administered both the inhalation along with an amnesia-inducing agent.

The documents claimed Cannon did not inform either Sizemore or his other care providers of the mistake and “did not order any consultation with specialists to evaluate the potential psychological effect, even though Sizemore was exhibiting signs.”

According to the complaint filed by Sizemore’s family, in the two weeks following the surgery, Sizemore — who had never suffered from any psychological or psychiatric conditions prior to Jan. 19, 2006 — became a different person. He was unable to sleep, afraid to be left alone, complained of not being able to breathe, complained of people trying to bury him alive, refused to be around his grandchildren and had nightmares on the rare occasions when he was able to sleep.

In their lawsuit, Violet Lenoka Graham and Sheila Dickens, Sizemore’s daughters and co-executrixes of his estate, sought damages for, among others, severe and great sorrow, mental anguish and solace, as well as the loss of companionship, comfort and kindly advices.

At the time of his death, Sizemore was the executive director of the Freewill Baptist Conference for Raleigh County.

— E-mail:

mjames@register-herald.com

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