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Case Overview:

This case involved a patient that had previous radiation treatments for tongue cancer. A complication that occurred from these treatments was a sequestration pouch, which was where scar bands developed connecting the epiglottis to the base of tongue and creating a pouch in which food could fall and become stuck. A laryngoscopy was performed where the doctor had to release the pouch so that food would no longer sit in that area and possibly cause infection. A hole was also discovered at the bottom of the pouch that could have potentially led to food being passed into the trachea. The plaintiff alleged that the physician performed an unplanned partial epiglottectomy during this procedure without the plaintiff’s consent. The epiglottis had been affected by the radiation with severe degenerative changes, as seen by the pathology. It had become floppy and was unable to move properly once the pouch had been released. The physician had to remove part of the epiglottis so the patient could breathe properly which unfortunately resulted in the permanent alteration of his upper airway such that he could not swallow and required a G-tube for the rest of his life. The jury found in favor of the defense.