Ann M. Higgs v. University of Toledo Medical Center, Case No. 2013-00576

A Toledo woman who sustained permanent injuries to her vocal cords will receive $225,000 from the University of Toledo Medical Center.

Ann M. Higgs was a patient at the hospital in November 2012.  Higgs’ attorney said she received vocal cord injuries that resulted in the loss of her voice and ability to breathe on her own. Higgs required a permanent tracheotomy after she was operated on by Dr. Jianlin Tang. Higgs’ attorney said the hospital failed to adequately advise Higgs of the surgical risks leading to these injuries.

Higgs’ attorney said they filed a suit in the Court of Claims of Ohio against the hospital and not Dr. Tang because the University of Toledo Medical Center is a teaching hospital and therefore doctors are entitled to immunity pursuant to Section 9.86 of the Ohio Revised Code.

The hospital responded to the suit and said Higgs knew of and assumed the risks before her surgery. Prior to a judge hearing the case, Higgs and the hospital settled for$225,000. The Court of Claims on Feb. 27 approved the settlement.

In exchange for the money, Higgs agreed to drop all pending claims and not file any future claims involving the surgery. The University of Toledo Medical Center doesn’t admit any wrongdoing and no part of the settlement agreement can be used against the hospital in any other legal proceeding.

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on other cases visit the Court of Claims website.

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