$______ VERDICT - DRAM SHOP - INTOXICATED DRIVER SERVED ALCOHOL AT DEFENDANT BAR BEFORE SPEEDING WRONG WAY ON HIGHWAY WITHOUT HEADLIGHTS AND CRASHING HEAD-ON INTO VEHICLE WITH 3 PASSENGERS, KILLING 23-YEAR-OLD MEDICAL STUDENT, PERMANENTLY DISABLING HER BROTHER, AND INJURING DRIVER, MOTHER.

• Pages: 5-6

$2,425,000 CONFIDENTIAL RECOVERY – MEDICAL MALPRACTICE – ANESTHESIOLOGY

NEGLIGENCE – DECEDENT NOT PROPERLY MONITORED BY DEFENDANT DURING

UPPER ENDOSCOPY PROCEDURE – DEPRIVATION OF OXYGEN – CARDIAC ARREST

AND SEVERE BRAIN INJURY – WRONGFUL DEATH OF 46-YEAR-OLD FEMALE.

Withheld County, MA

In this medical malpractice matter, the plaintiff

alleged that the defendant anesthesiologist was

negligent and failed to properly monitor the

decedent while she was under sedation for an

elective procedure. As a result of the defendant’s

negligence, the decedent suffered cardiac arrest

and brain injury from lack of oxygen. She was

taken off life support 3 days after the procedure.

The 46-year-old female decedent elected to un-

dergo an upper endoscopy for some ongoing GERD

complaints. On the date of the procedure, which was

performed at an out-patient center, the defendant

anesthesiologist was in charge of deep sedation. The

anesthesia was started at 12:05 p.m. 4 minutes later,

the patient’s vitals were showing no O2 saturation and

pulse rates between 1 and 114. The defendant anes-

thesiologist failed at that time to awaken the patient

and instead elected to administer additional anes-

thesia to the patient at 12:14 p.m. Again, there was

no O2 saturation rate when vitals were taken and fi-

nally, 13 minutes after anesthesia was initially admin-

istered, the procedure was aborted. The patient had

no pulse and it was determined that she had suffered

cardiac arrest, CPR was commenced and she was

transported to the hospital by emergency medical

services.

Triage upon arrival at the hospital disclosed that the

patient had suffered oxygen deprivation which

caused the cardiac arrest and severe brain injury.

She was removed from life support 3 days later and

died. The plaintiff brought a claim against the anes-

thesiologist. The plaintiff was prepared to offer expert

proof that the defendant anesthesiologist failed to

properly monitor the decedent and failed to realize

that she was not getting sufficient oxygen.

The defendant anesthesiologist agreed to resolve the

claim prior to institution of suit for the sum of

$2,425,000 in a confidential settlement between the

parties.

REFERENCE

Estate of Decedent vs. Anesthesiologist Roe. 10-15-

21.

Attorney for plaintiff: Robert M. Higgins of Lubin &

Meyer in Boston, MA.

COMMENTARY

At the outset, the patient’s vitals were blood pressure 173/101,

pulse 96, O2 saturation 98%, and CO2 2.8. At 12:09, four minutes

later, the patient’s vitals were blood pressure 200/95, pulse 1, CO2

21.9, and no O2 saturation value, and then blood pressure 147/75,

pulse 115, CO2 32, and no O2 saturation value. Despite the read-

ing of no O2 saturation levels, the defendant failed to abort the

procedure and awaken the decedent and instead chose to adminis-

ter additional anesthesia. Nine minutes later, vitals were not

taken, but more anesthesia was administered. Three minutes later

at 12:17 p.m. vital signs were blood pressure 120/63, pulse 46, and

no O2 saturation or CO2 values.

The plaintiff also brought suit against the gastroenterologist and

the out-patient center’s staff and those claims are continuing.

$95,527,108 VERDICT – DRAM SHOP – INTOXICATED DRIVER SERVED ALCOHOL AT

DEFENDANT BAR BEFORE SPEEDING WRONG WAY ON HIGHWAY WITHOUT

HEADLIGHTS AND CRASHING HEAD-ON INTO VEHICLE WITH 3 PASSENGERS,

KILLING 23-YEAR-OLD MEDICAL STUDENT, PERMANENTLY DISABLING HER BROTHER,

AND INJURING DRIVER, MOTHER.

Miami-Dade County, FL

In this dram shop case, the plaintiff, the personal

representative of the decedent and guardian of

the incapacitated plaintiff, asserted that the

defendant bar served alcohol to a clearly

intoxicated person who then left the bar and was

involved in a collision that killed the plaintiff’s

daughter and rendered his son permanently

disabled. The defendant failed to respond or

defend against the plaintiff’s complaint.

On December 13, 2015, the plaintiffs’ decedent, a

23-year-old woman, was a front seat passenger in

her mother’s car on her way to the airport to catch a

flight to her new student orientation at medical

school. In the vehicle with her were her mother, driv-

ing the vehicle, and her brother, a backseat passen-

ger. At the same time the plaintiffs were driving

northbound on I-95, an intoxicated driver was speed-

inginexcessof70mphthewrongwayinthe

northbound lanes.

The intoxicated driver had attended a holiday party

at a gym facility earlier in the evening where wit-

nesses testified he was excessively intoxicated. After

the party, when he was already inebriated, the driver

was seen drinking alcohol at the defendant bar be-

tween 2:30 and 4:00 a.m. The intoxicated individual

then drove, speeding, the wrong way in the north-

bound lanes of I-95 without his headlights on, with the

SUMMARIES WITH TRIAL ANALYSIS 5

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