The plaintiff’s decedent underwent neck surgery in January 2003 which was performed at a Medical Center. The decedent’s family claimed that he was fine in the recovery room. After transfer to his room the decedent began experiencing respiratory distress. His family claimed that the problems started an hour earlier than the hospital staff maintained that the problems began. The decedent went into respiratory arrest and a code was called. He was eventually placed on life support and he died at the hospital when life support was removed about ten days later.

The plaintiffs alleged negligence by the hospital staff in failing to properly monitor the decedent after his arrival in the room. The plaintiffs also claimed that the nurses failed to notify the attending physician of problems in a timely manner.

The defendants generally denied any negligence and claimed that preexisting conditions and superseding events outside the hospital’s control caused the death.

According to a published account a $2,225,000 verdict was returned. A motion for judgment notwithstanding the verdict was made by the hospital and was granted by the court.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.