Actions filed against former Guthrie surgeon, affiliates
ELMIRA, N.Y. (WENY) -- A local law firm filed medical negligence actions on behalf of two local girls who suffered catastrophic brain injuries following routine tonsillectomies last year.
As WENY News reported, two local girls had to be treated for brainstem bleeds after both of them had their tonsils removed within a week of each other by the same doctor.
According to a release sent by Attorney Christina Sonsire, Partner at Ziff Law Firm, on Thursday, a civil complaint was filed in the United States District Court for the Middle District of Pennsylvania. Sonsire is representing both girls in this case.
On February 20th, 2019, Allie Yackel of Elmira, New York, who was 6-years-old at the time, had her tonsils and adenoids removed by Dr. Arvinder Uppal, who was working at the time as a Guthrie otolaryngoloist.
“At first we were told everything was okay. But it soon became clear something was very wrong,” said Allie's mother, Becca Yackel.
After nearly 12 hours, Allie was taken to Golisano Children's Hospital in Syracuse and placed in pediatric critical care. There, doctors reportedly diagnosed her with a brain stem bleed. They then performed a tracheostomy and placement of a feeding tube as Allie is currently unable to breathe or swallow on her own.
The civil complaint states Allie became hypoxic with low oxygen saturation and was unable to be properly extubated at the end of surgery. Later that day she was taken by ambulance to Upstate University Hospital's Pediatric Intensive Care Unit in Syracuse, New York.
There neurologists determined Allie had suffered a brainstem stroke during surgery. She remained at Upstate University Hospital for several months where she reportedly underwent a tracheostomy and placement of a feeding tube, along with receiving intensive rehabilitative treatment.
On February 27, 2019, exactly one week after Allie's surgery, Aasen May of Newfield, New York, who was 5-years-old at the time, had her tonsils and adenoids removed by Dr. Uppal.
The complaint states, just like Allie, Aasen seemed fine until providers found she was unable to breathe on her own.
Aasen was taken the Pediatric Critical Care Unit at Geisinger Medical Center in Danville, Pennsylvania. There, doctors diagnosed Aasen with a brainstem stroke. She had to undergo a tracheostomy and placement of a feeding tube.
“Even though it has been eighteen months since all of this started, I still feel like we will wake up one day and it isn't real,” said Shelby Sansouci, Aasen's mother.
The complaint alleges Dr. Uppal caused Allie Yackel and Aasen May to suffer catastrophic brain injuries after he injected Marcaine with Epinephrine into their posterior pharyngeal walls to a depth within the adenoid region at the end of surgery.
“Our allegation, after consulting with medical experts in the field of pediatric otolaryngology, is that Dr. Uppal injected Marcaine with Epinephrine, a local anesthetic, far too deeply into their adenoid beds, causing both girls to suffer brainstem bleeds and long-term neurological consequences,” Sonsire explained in the release.
“These are extraordinarily unusual injuries that require conduct far outside the standard of medical care,” Sonsire added.
The Commonwealth of Pennsylvania's Bureau of Professional and Occupational Affairs recently filed a formal disciplinary action against Dr. Uppal in which it also alleges the neurological injuries of both girls were caused by his negligent injections of Marcaine with Epinephrine into the girls' adenoid beds at the end of surgery.
“Although we allege the injuries were caused by Dr. Uppal’s negligent injections, the failure of the Guthrie system to properly investigate what caused Allie to suffer such an unusual surgical injury before Dr. Uppal was permitted to operate on Aasen also gives rise to several causes of action, including claims for punitive damages,” stated Sonsire.
The civil complaint and disciplinary filing by the Commonwealth of Pennsylvania claim the failures to investigate how Yackel’s injury occurred before May’s surgery violate the standard of care within the medical profession.
“Unfortunately, both girls suffered life-altering injuries,” Sonsire said.
“The good news is that Allie and Aasen are here with us today. However, Aasen still relies on a tracheostomy to breathe, and both girls have suffered what tragically appear to be permanent and very significant speech, balance and vision problems as a result of their brain injuries,” Sonsire added.
~ FAMILIES FOREVER UNITED ~
Becca Yackel and Shelby Sansouci credit social media for helping them find each other. And now, as both families grow, they are finding other ways they are bonded.
“Becca messaged me after a family member forwarded her a post she had seen about Aasen,” said Sansouci.
“I still am stunned but so incredibly grateful that we found each other. Our families have been living similar nightmares since the surgeries. Having someone who truly understands has helped us so much.”
“Finding Shelby was a blessing as we have been able to share information and support each other, but it makes me so sad to know another family is going through this,” said Becca Yackel.
“Living with a tracheostomy is really tough for Aasen,” Sansouci explained.
“She needs a one-on-one nurse at all times for the limited occasions when she is able to attend school, and she has had several medical emergencies because of it. We just take things day by day. It’s the only way we can get by,” she continued.
“Never in a million years did I think my beautiful baby girl would be permanently brain injured like this from a tonsillectomy,” said Becca Yackel.
“We try to only focus on positive, but I can’t help thinking about the incredible impact this has and will continue to have on her life.”
In incredible twists of fate, last summer Becca Yackel and her husband Brad learned they were expecting a baby and that their due date was February 20, 2020, one year to the day of Allie’s surgery.
“To say we were shocked would be a gross understatement,” Brad Yackel said.
“Our son Corbin was born on February 21st. The past year and a half has been filled with so many extreme highs and lows for us. It is often hard for me to believe it all really happened.”
This summer it was Shelby and Luke Sansouci’s turn to be shocked when they learned they are expecting a baby boy this February.
“Our families are connected to each other and to the month of February in the most unusual ways. Learning we are having a baby has brought so much joy to Aasen. We know far too well that every day we have with our children is a gift,” said Sansouci.
WENY News reached out to Guthrie Corporate to inquire about the lawsuit. Below is the response received via email:
“The Guthrie Clinic is committed to providing patients safe, high-quality care. Due to patient privacy regulations, we are unable to comment on the specifics of any individual situation.”
WENY News will continue to follow this story and bring you any updates as more information becomes available.
Below is a copy of the lawsuit:
RELATED STORY: Two local girls in critical care following tonsillectomies