Woman files $15.4M lawsuit against three doctors over anesthetic
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A London woman alleging she was administered, against her will, an anesthetic that caused permanent disabilities is suing three doctors for $15.4 million.
Published Jan 05, 2024 • Last updated 34 minutes ago • 5 minute read
Kimberley Vander Schelde is shown in London. (Derek Ruttan/The London Free Press)
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A London woman alleging she was administered, against her will, an anesthetic that caused permanent disabilities is suing three doctors for $15.4 million.
Her husband and three children also are seeking about $2.3 million from the same doctors.
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In a statement of claim, Kimberley Vander Schelde alleges the three doctors – Ivan Iglesias, Sonny Cheng, and Philip Stamov – were involved in an Aug. 5, 2021, surgery where the anesthetic propofol was administered despite her protests.
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The doctors “behaved with arrogance and high-handedness and have shown a callous disregard and complete lack of care for her and for her rights. They recklessly exposed her to a substantial risk of harm without any justification to do so,” the statement of claim alleges.
The doctors knew, or ought to have known, she didn’t consent to the anesthetic propofol and that she had a history of documented, adverse reactions to the drug, but administered it anyway, the lawsuit alleges.
“Kimberley has experienced a significant deterioration in her cognitive abilities and she has experienced significant functional impairments as a result. Kimberley suffers from, among other things, memory impairment, decreased attention, mood disturbances, PTSD, anxiety, depression, chronic stress, dizziness and impaired balance,” the statement of claim alleges.
Statements of claim contain allegations not yet proven or disproven in court. The three doctors have not filed statements of defence but have officially notified the court they intend to file defences.
Vander Schelde, 52, alleges in the statement of claim she had adverse reactions to propofol during a dental procedure when she was 19, and was warned not to receive it again.
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She underwent abdominal surgery in May 2021 at University Hospital, part of London Health Sciences Centre, and after receiving a small amount of propofol, exhibited “jerky movements” and reportedly became unresponsive to stimuli, the statement of claim says.
Kimberley Vander Schelde has the words “allergy propofol” tattooed on her wrist. Photo taken in London on Wednesday, Oct. 19, 2022. (Derek Ruttan/The London Free Press)
On June 24, she underwent another procedure at University Hospital and notified a different anesthesiologist about her adverse reactions to propofol. That doctor consulted the anesthesiologist from the May operation and did not administer propofol. Vander Schelde experienced no adverse reactions to the drugs used instead of propofol, the lawsuit alleges.
On Aug. 5, 2021, Iglesias was the on-call anesthesia manager at University Hospital and responsible for administration of anesthetics to Vander Schelde, the lawsuit alleges. He delegated some responsibilities to the other two doctors but was responsible for their actions, the lawsuit alleges.
Cheng was a post graduate, year four physician and anesthesiology resident at University Hospital on Aug. 5, 2021, under the supervision of Iglesias, the lawsuit alleges. Cheng was responsible for helping Iglesias conduct a pre-anesthesiology consultation with Vander Schelde, developing a management plan and administering the drugs, the lawsuit alleges.
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Stamov was a senior medical student at University Hospital under the supervision of the other two and helped in the consultation, planning and administration of the drug on Aug. 5, 2021, the lawsuit alleges.
The statement of claim alleges that during a pre-anesthesiology consultation with Cheng and Stamov on that day, Vander Schelde explained the adverse reactions she had to propofol at age 19 and at the May 2021 surgery, and that she experienced no adverse reactions while taking alternative drugs at the June 2021 surgery.
“At no point did Kimberley consent to the use of propofol. Furthermore she specifically requested that propofol not be used,” the statement of claim says.
Cheng and/or Stamov told her they respected her wishes and would not administer propofol, the lawsuit claims.
But when she was brought to the operating room, and informed the anesthesiology team again that she wasn’t to take propofol, one of the three doctors stated they were only going to give her a little, the statement of claim says.
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Vander Schelde continued to insist propofol not be administered, but one of the three doctors told her they would give her something to calm down, and she lost consciousness, the statement of claim says.
Four times between roughly 10:54 a.m. and 2 p.m., Vander Schelde was administered propofol – 150 milligrams at 10:54 a.m., 50 mg at 10:55 a.m, 50 mg at 11:35 a.m. and 50 mg at 2 p.m., the lawsuit alleges.
For about 10 minutes after the operation, Vander Schelde was conscious and coherent, but then her condition started to deteriorate, the lawsuit alleges.
She was reported to have no gag response, no response to stimuli, and was unable to move her limbs, the lawsuit alleges.
A Code Stroke was called and an oral airway inserted, and about 4:30 p.m., her condition had returned to normal, the lawsuit claims.
Just as it sounds, such a code is called when a patient exhibits signs of a stroke.
The three doctors “either singly or jointly, committed assault, committed battery, were negligent, breached their duties and/or failed to obtain (Vander Schelde’s) informed consent, the lawsuit alleges.
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The resulting injuries, physical and/or psychological, and severe cognitive deterioration have caused “significant and permanent impairments,” the lawsuit alleges.
University Hospital. (Mike Hensen/The London Free Press)
The statement of claim includes close to 100 specific allegations against the three doctors involving consent, learning a patient’s history, discussing plans with a patient, record keeping, surgical practices, misrepresenting anesthetics used and following procedures.
Vander Schelde can no longer enjoy life or earn a living to the extent before the surgery and has to undergo medical and rehab, the lawsuit claims.
“To date, the full extent of Kimberley’s injuries, disabilities and future treatments have not been determined,” the lawsuit says.
Vander Schelde is seeking $1.4 million in damages, $4 million for loss of income and earning potential, and $10 million for cost of past and future care and aids to daily living, home modifications and loss of housekeeping ability.
Her husband and three children, age 16 to 21, are seeking damages under the Family Law Act for loss of Vander Schelde’s care, guidance and companionship, the lawsuit says.
The London Free Press first reported Vander Schelde’s experiences in November 2022, after she had complained to the College of Physicians and Surgeons of Ontario.
rrichmond@postmedia.com
PROPOFOL
- Common sedative and anesthetic with few side-effects. Marketed under various names, including Diprivan.
- 79 serious adverse reactions to Diprivan injections, including 12 seizures, have been reported to Health Canada since the 1990s.
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