Family of restaurateur who died 18 days after back surgery sues – The Union Leader

LACONIA A medical malpractice suit alleges a popular Lakes Region restaurateur became brain dead while under anesthesia because the tube in her throat delivering oxygen was either inadequately placed or became negligently dislodged.

Cheryl Garrett, 61, who owned and operated Paulis Bakery and Restaurant in Tilton for more than 30 years, remained on life support for 18 days at Lakes Region General Hospital before she died.

According to documents filed in Belknap County Superior Court, Garrett suffered a brain injury during a July 9, 2019 surgery to repair a herniated disc in her back.

According to the allegations outlined in the complaint, the initial reading of the concentration or partial pressure of carbon dioxide in Garretts respiratory gases were normal after she was intubated by Dr. Francisco Grinberg. But minutes later when she was moved into a prone position for surgery, she was found to be not breathing and CPR was initiated.

Attorney Mark A. Abramson, of Abramson, Brown & Dugan of Manchester, acting on behalf of Sherri Benson of Belmont, administrator of her mothers estate, alleges that Garrett went without oxygen for as long as 13 minutes.

Cheryl Garrett experienced every hospital patients worst nightmare: being anesthetized for a routine procedure, and never again waking up, the complaint filed March 16 says.

Named as defendants are Grinberg, Medicus Healthcare Solutions LLC, of Windham; Lakes Region Anesthesiology P.A., Lakes Region General Hospital, and FlexCare LLC, of Roseville, Calif. The suit makes claims of medical negligence against Grinberg and LRGH. It also makes claims for vicarious liability against Medicus, Lakes Region Anesthesiology, LRGH and FlexCare, and also makes a claim for non-delegable duty against the hospital.

Attorney Rose Marie Joly of Sulloway & Hollis, PLLC of Concord, who represents Lakes Region Anesthesiology, denies any breach of duty or liability implied by the allegations. The medical record speaks for itself, according to Joly, who denies any characterization of the record that is inconsistent with its meaning when read in its entirety and in context.

Attorney Megan Grew Pimentel of Adler, Cohen, Harvey, Wakeman & Guekguezian LLP of Boston, representing Medicus Healthcare Solutions, denies liability or any breach of any duty or standard of care. She denies that the plaintiff is entitled the relief requested and asks judgment be entered on the defendants behalf.

Grinberg, the treating anesthesiologist, also denied the allegations and liability through his attorney, William N. Smart of Morrison Mahoney, LLC., of Manchester. In an April 28 response, Smart asserts the plaintiffs alleged injuries were caused by others for which his client was not responsible and further, that the medical records speak for themselves.

Attorney Elizabeth E. Ewing of Wadleigh, Starr & Peters PLLC., of Manchester, representing Lakes Region General Hospital, admits that Garrett was deprived of oxygen for some period of time, but denies that none of her medical care providers identified that oxygen deprivation. Ewing maintains the care and treatment provided was reasonable, appropriate and consistent with applicable standards of care, and denies liability.

FlexCare, through its lawyer Judith F. Albright of Rath, Young & Pignatelli PC., of Concord, denies that any of its agents or employees deviated from the standards of care applicable to them, and further denies that anything they did, or allegedly failed to do, caused or contributed to the plaintiffs claimed harms.

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Family of restaurateur who died 18 days after back surgery sues - The Union Leader