LAS VEGAS (KLAS) — An investigation is underway at MountainView Hospital after NewsNation affiliate KLAS inquired about a cancer patient’s surgery. Kimberly LeMarbre said she was woken up in the operating room and told the surgery to address her second diagnosis of thyroid cancer could not be performed in January of 2024.
“I open my eyes and I knew immediately something was wrong,” LeMarbre said.
LeMarbe said she was informed she had stopped breathing and her surgeon had to replace a tube to give her oxygen. She said she was not immediately informed why.
“The implication was always that there was something very seriously wrong with me that I wasn’t aware of,” LeMarbe said.
LeMarbre rescheduled the surgery at Sunrise Hospital, where she said her surgeon informed her an endotracheal tube had failed during the first attempt.
“I actually felt relieved. I know that sounds weird but I felt relieved because, again, I had been made to feel that I stopped breathing because I had some mystery phantom illness,” LeMarbre said. “That was terrifying to me to think that I could go into surgery again and that whatever it was, it could happen.”
The second surgery went as planned, according to LeMarbe. Her quest for answers about the first attempt continued. She learned what happened to her had happened to other patients, too.
In January of 2024, medical device company Medtronic issued a safety notice for specific endotracheal tubes. The following July, the company issued an urgent medical device recall for removal of endotracheal tubes after complaints about potential health hazards and risks, including death. Problems date as far back as 2022, according to the Food and Drug Administration.
In Nevada, there were two reported device failures in 2023, while figures for 2024 are not yet available, according to Nevada’s Division of Health and Human Services.
LeMarbre reached out to MountainView Hospital for the make, model and serial number of the endotracheal tube used during her surgery.
While the information was on the medical bill for Sunrise Hospital, owned by Hospital Corporation of America, the same company as MountainView Hospital, it was not available on the bill from MountainView Hospital.
LeMarbre provided copies of emails and additional documentation to KLAS showing her push for answers.
In a letter dated Aug. 30, 2024, MountainView Hospital denied using the endotracheal tube which was later recalled and stated there was an investigation.
“We do apologize for the negative perception you received,” according to the letter.
KLAS reached out to MountainView Hospital.
“The medical device the patient raised concerns about was not subject to any recall,” a spokesperson wrote in a March 18 email. “The recalled devices in question were never in stock or in use at MountainView Hospital.”
But on April 7, LeMarbre learned what she said she knew all along. The Chief Medical Officer of MountainView Hospital informed her the tube which ended up being recalled likely was used during her surgery and a new internal investigation was underway. He also repeatedly apologized.
LeMarbre said she believed the anesthesiologist is to blame, too, citing the lack of information he provided.
“I was at the mercy of this physician and I don’t know what happened to me and he’s not willing to say what happened to me,” she said.
LeMarbre filed a complaint with the Nevada state medical board and received a response stating the board will not file a formal complaint against the anesthesiologist, but there are other actions available to correct and/or address behavior. The outcome does not appear to be public record.
KLAS reached out to the medical board. In an email, an attorney stated medical providers must maintain medical records about the diagnosis, treatment and care of the patient, but they are not required to report data on medical device failures to the board.
LeMarbe also reached out to Medtronic. In a letter, attorneys stated Medtronic requested the tube for inspection and analysis, but as of this past January, the company had not received it. Medtronic also appeared to blame user error and stated there was no indication the event was related to a possible manufacturing issue. The company offered LeMarbe $10,000, which she told KLAS is not enough.
“It’s interesting to see how incredibly dismissive they are of what happened,” LeMarbre said. “Their narrative is, but you didn’t die.”
On Monday afternoon, a spokesperson for MountainView Hospital sent KLAS an updated statement:
“The medical device referenced was recalled in July 2024 and was never used after the recall was issued. We take the quality of care we provide very seriously. While we cannot discuss patient details due to privacy laws, we remain committed to ensuring the safety and well-being of every patient we serve.”
Medtronic also sent the following statement:
“We deeply sympathize with Ms. LeMarbre and the challenges she has faced. The well-being and safety of patients is our highest priority, and we take her concerns seriously. However, there is not enough evidence to suggest that our device caused her harm or that there was device malfunction. We remain committed to upholding the highest standards of quality and safety in all our products.
Since its initial launch nearly 30 years ago, the NIM™ Standard Reinforced EMG Endotracheal Tube delivered positive clinical outcomes for patients across the globe. In 2024, the product was recalled and removed from the market due to risks of airway blockage when the tubes are not used in accordance with the product’s instructions for use.”
To reach investigative reporter Vanessa Murphy, email vmurphy@8newsnow.com.
