Cody Metheny in a Facebook photo.

The family of a young man who was left with permanent injuries after a surgeon removed the wrong part of his brain was awarded $2 million last week from a state commission that found that the surgery was "mishandled."

The Arkansas State Claims Commission — which oversees claims against state agencies — found that doctors and administrators at the University of Arkansas for Medical Sciences (UAMS) were negligent in the 2004 wrong-site brain surgery of a 15-year-old boy. The Arkansas Democrat-Gazette reported that the commission found that UAMS employees failed to follow the time-out policy and disclose the error after it was discovered.

According to court records, Cody Metheny was 15 years old when he underwent an operation to remove a brain lesion at the Arkansas Children's Hospital. The procedure was performed by a UAMS surgeon.

Before the surgery, court records state that the Children's Hospital invited a reporter from the Arkansas Democrat-Gazette to observe and photograph the procedure, which the patient's parents agreed to. The team failed to properly perform a time out before the surgeon started making an incision into the left side of the brain — which was the wrong side. The surgeon, Badih Adada, MD, removed parts of the brain before realizing his error.

Once he discovered the mistake, the surgeon asked a media representative to escort the reporter out of the OR, and had the surgical team reposition the patient without informing his family of the error. The surgeon then completed the operation on the right side of the brain, according to court records.

The doctor told the family after surgery that he started on the wrong side, but that no damage was done to the brain before he realized the error and moved to the correct side. The patient's family told the court that the mistake wasn't discovered until 15 months later, when the boy had an unrelated MRI done that showed both sides of his brain had been operated on.

After the discovery, the patient's parents filed a medical malpractice lawsuit against the Arkansas Children's Hospital, winning a $20 million award that was then reduced to $11 million. The surgeon eventually settled with the parents for $1 million. The $2 million award from UAMS must first be approved by the state legislature before being paid.

The Arkansas Children's Hospital directed all requests for comment to UAMS. A university spokesperson told Outpatient Surgery that UAMS disagrees with the decision and is currently considering its legal options, which could include an appeal.

Cody Metheny was a special-education student when he had the surgery to remove faulty brain tissue believed to be the source of his seizure disorder. He now lives in a rehabilitation center.

Kendal Gapinski