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Personal Injury
Medical Malpractice
Anesthesiology Negligence

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

Peter A. Smith

Court

Alameda Superior


Attorneys

Plaintiff

Jack M. Schuler
(Schuler & Brown)


Defendant

Martin J. Everson


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


#83735

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