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Unlicensed Cosmetic Surgery Hospitalizes 6 in N.J.

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Rotator Cuff Repair Restores Strength, Not Function

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Home > News > September, 2009
Parents Sue Docs for Negligence in Daughter's MH Death
ASCs should be prohibited from using general anesthesia, parents argue.

The parents of an 18-year-old patient who died from malignant hyperthermia during breast surgery last year are suing the doctors involved in her case for negligence and calling for a ban on general anesthesia in ambulatory surgical centers.

Although Stephanie Kuleba's MH death in March 2008 was ruled accidental by the county medical examiner, Joanna and Thomas Kuleba are accusing Boca Raton, Fla.-based plastic surgeon Steven Schuster, MD, and anesthesiologist Peter Warheit, MD, of failing to diagnose Stephanie's condition quickly enough and to administer enough of the antidote drug, dantrolene, to save her life.

"The evidence will show that they used one to two vials of dantrolene and per Stephanie's body weight, they would have needed to administer six vials, quickly," attorney David Zappitell, counsel for the Kulebas, told reporters this week. In addition, the suit accuses Dr. Schuster's office-based ASC of not keeping dantrolene available in the surgical suite and of not calling 9-1-1 soon enough.

In a press conference held 3 days after filing the suit, Ms. Kuleba's parents said they're advocating for a ban on the use of general anesthesia in ambulatory surgery centers, arguing that such facilities aren't able to respond to emergencies like the malignant hyperthermia that claimed their daughter's life. "Had the proper care been taken by medical professions involved in her surgery, she could be here today and I would not be here before you," Ms. Kuleba told reporters, stating her belief that Stephanie's death was preventable.

The Kulebas are seeking an unspecified amount in damages from Drs. Schuster and Warheit, as well as Dr. Warheit's employer, Scott Berger, MD.

Irene Tsikitas

Categories: Legal/Regulatory, Safety, News
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