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Case Overview:

A 35 year old man who had a history of sleep apnea suffered a complex fracture to both his right tibia and fibula (bones in lower leg). He went in for an orthopedic procedure with placement of a tibial nail. Post operatively he passed away and the cause was unclear. The plaintiff claimed that the anesthesia with his sleep apnea caused him to stop breathing. The defense argued that the anesthesiologist followed the standard of care and explained all the risks of the surgery. They followed post op care procedures to ensure that he was breathing properly. The defense believed, and used illustrations to convey, that it could have been a fat embolism that was thrown to his lungs post operatively. This is a known, although rare, risk of placing hardware into bone. The jury found in favor of the defense.