Eleanor Willis, Tiffany Willis, a minor, through her Guardian Ad Litem, Terresa Land, Marshie Willis, a minor, et al. v. Robert Brooks
Published: Nov. 4, 2003 | Result Date: Jun. 26, 2003 | Filing Date: Jan. 1, 1900 |Case number: 2001020481 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Jack M. Schuler
(Schuler & Brown)
Defendant
Experts
Plaintiff
Ronald H. Wender
(medical)
Defendant
Thomas A. Ports
(medical)
Thomas H. Cromwell
(medical)
Facts
The plaintiffs' decedent, Samuel Willis, 37, met with defendant anesthesiologist Robert Brooks prior to his surgery to repair a ventral hernia. Willis was morbidly obese (6'-4" and 427 pounds) and had a medical history that was negative except for asthma that was not symptomatic. He denied any history of heart problems. The defendant gave a general anesthetic to Willis and elected to ventilate him during surgery through a laryngo mask airway (LMA) instead of an endotracheal tube. The surgery was performed without complications. Willis failed to regain consciousness after surgery. His respirations weakened and he required continued supported breathing. Pulmonary edema fluid was noted to be coming out of Willis' mouth and nostrils. He was intubated, stabilized and transferred to the post-anesthesia care unit. Shortly after, his heart slowed and he experienced cardiopulmonary arrest. Resuscitation efforts were unsuccessful and Willis was pronounced dead. At the autopsy, Willis was found to have a previously undiagnosed heart condition involving an enlarged heart. The plaintiffs included Willis' 75-year-old dependent mother Eleanor Willis, and his two daughters, 8-year-old Marshie Willis and 4-year-old Tiffany Willis.
Damages
The plaintiffs claimed damages of $5,000 in funeral and burial expenses. They also sought unspecified damages for loss of economic support due to the death of their family member. The plaintiffs asked the jury to award $300,000 in general damages plus economic damages as proven.
Result
The jury returned a defense verdict.
Deliberation
two hours
Poll
10-2 (no negligence)
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390