A jury found an Ohio doctor was at fault for the death of twin boys who died after receiving routine surgical procedures under his care. After a two-week trial for medical malpractice and wrongful death, Dr. Fred Leess has been ordered to pay $2 million to Shannon and Jenny Legge, the boys' parents.

The twins, Anthony "A.J." Legge and Joshua Legge, had just turned three when they both received routine tonsillectomies on the same day in 2006. The procedures went well, and both boys were discharged later in the day after spending less than five hours at the hospital.

Just after midnight the following day, Jenny checked on the boys as they slept. She quickly realized that A.J. was not breathing and screamed for her husband. While Jenny dialed 911 and began chest compressions on A.J., Shannon ran next door to ask a neighbor to care for their other children.

Doctors and nurses worked very hard to save A.J. while his parents looked on. However, when the emergency room doctor stepped out of the room, he brought devastating news: despite their very best efforts, A.J. was gone.

At this time, no one knew what had gone wrong. However, as Jenny and Shannon were processing this shocking loss, their thoughts turned to Joshua. He had had the exact same surgery. Shannon instructed emergency-squad technicians on stand-by to rush to Joshua. Just after the ambulance pulled out of the parking lot, they received a 911 call from the Legges' neighbor: Joshua had stopped breathing.

Joshua was rushed to the hospital, where he was put on life support. Although every effort was made to bring him back, it was too late. Joshua died two days later.

The official cause of the boys' death is cerebral edema, or fluid on the brain. The Legges sued Leess, the otolaryngologist who performed the procedures, for medical malpractice and wrongful death. They claimed that they had informed Leess that the twins had a history of breathing troubles.

Leess acknowledged that he had been told of their concerns, but stated he did not believe them to be dangerous. He testified that the twins had an undetected pre-existing condition that did not allow them to properly process pain medication. This interfered with their breathing, causing it to slow and then stop altogether. He claimed that their deaths were a terrible tragedy but that they could not have been avoided.

The Legges argued that Leess could have kept the children in the hospital overnight to monitor their oxygen levels, pointing out that this is a standard practice for children under three and for those with a history of breathing trouble.  

No matter what compensation they receive, Shannon and Jenny Legge say that life will never be the same for them. They cannot erase the horror and terrible pain of that night.  

Source: The Columbus Dispatch "Family can't fathom loss of their twins" 8/10/10