White and Williams Obtains Defense Verdict Following Arbitration in Case Alleging Wrongful Death Due to Improper Administration of Anesthesia
White and Williams secured a total defense verdict in a case alleging wrongful death due to improper administration of anesthesia, with the neutral arbitrator finding that the defendant anesthesiologist, two certified registered nurse anesthetists and hospital all complied with the standard of care.
The plaintiff was the husband and estate of a patient who died following performance of a cardiac surgery to remove a large atrial myxoma (tumor) in her heart. The plaintiff criticized the anesthesia care provided by the defendants, including the administration of Midazolam, and contended that the anesthesia caused the patient’s death. These claims/criticisms were refuted by the defense and their experts in several fields (including anesthesiology, cardiothoracic surgery and a hospitalist), who all defended the care and found no causal relationship between the care provided and the outcome.
The complex arbitration proceeding involved the presentation of substantial evidence, including records, discovery, deposition testimony, radiology studies, medical literature and findings/opinions from medical experts in numerous fields. Following the arbitration, the neutral arbitrator concluded that no defendants deviated from the accepted standards of care and did not even need to address the question of causation.
The case was litigated by Charles Eppolito III and Edward Beitz.