Anoxic Brain Injury

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Case comment on Gumbley v Vasiliou, 2024 ONSC 4858, affirmed at 2025 ONCA 851. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Gumbley v Vasiliou: Severe Asthma, Delayed Intubation, and a Counterfactual That Worked

An Ontario internist found negligent for delayed intubation and failure to call an intensivist when a young mother’s severe asthma attack turned catastrophic.

January 12, 2026

Case comment on Hemmings v Peng, 2024 ONCA 318, on the causation-by-elimination framework, the AFE defence doctrine, difficult airway management standard of care, and the appellate affirmance of a $12 million plaintiff verdict for catastrophic maternal brain injury during caesarean section. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Hemmings v Peng: When the Anaesthetic, Not AFE, Caused the Catastrophe

The Court of Appeal affirmed a $12 million plaintiff verdict for catastrophic maternal brain injury, rejecting the defence theory of amniotic fluid embolism.

July 15, 2024

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Anoxic Brain Injury

Gumbley v Vasiliou: Severe Asthma, Delayed Intubation, and a Counterfactual That Worked

Hemmings v Peng: When the Anaesthetic, Not AFE, Caused the Catastrophe

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.