Florie and Miller Obtain Defense Verdict in Wrongful Death Case
After a seven day trial, Mike Florie and Joe Miller obtained a defense verdict for a pediatric anesthesiologist in a wrongful death case. Plaintiffs alleged that their fourteen year old son died in the operating room due to the defendant pediatric anesthesiologist's negligent failure to recognize and treat malignant hyperthermia. The patient was undergoing surgery for several fractures after an all terrain vehicle accident. His temperature and CO2 started to rise during the procedure. The pediatric anesthesiologist responded to a call from the CRNA and began investigating the possible causes of the temperature and CO2 abnormalities. The patient's temperature ultimately rose to over 108 and he arrested. He could not be revived. The autopsy report and death certificate listed the cause of death as malignant hyperthermia, a condition which can be treated w/the drug Dantrolene. The defendant testified that she did not believe the patient had malignant hyperthermia, and that the more likely cause of death was fat embolism syndrome. The jury deliberated for thirty-five minutes before returning a verdict in behalf of the defendant.
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