Our client was a farmer who injured his shoulder and neck while lifting a heavy farm device. He was referred to a neurosurgeon in South Dakota and later underwent a left anterior cervical diskectomy and C6-C7 fusion at a surgical center.

Following the surgery, the client was to remain at the surgical center overnight for monitoring. While in recovery, the client soon began complaining he had air or a bubble in his chest. He described the feeling as needing to burp. He also complained of a sore throat. These complaints went on for approximately six hours. The client then began experiencing chest pain and restricted breathing. Oxygen and medications were administered but the client continued to struggle with the air bubble and diminished breathing. The client and his wife urgently notified the nursing staff. The nursing staff called a physician who instructed them to call an ambulance. When the ambulance arrived, the client could barely breathe. He was flailing his arms, yelling "help me!" and turning blue. The ambulance crew administered additional drugs and made multiple unsuccessful attempts to intubate.

Eventually our client was transported to the hospital across the street and was immediately intubated.  However, the hospital staff was unable to resuscitate him.  During all this, our client's wife watched her husband struggle to breathe, fight for his life and subsequently die.

Jim Carey settled this claim, receiving a substantial sum of money that is confidential by agreement, against the surgical center, a doctor and the ambulance company in Sioux Falls, SD.