Plaintiff’s Lawyer Argues for $50 Million in Fatal Colonoscopy Case

An Oregon state jury heard closing arguments in a medical malpractice case involving a fatal colonoscopy. The plaintiff's attorney, representing the estate of the deceased patient, Erric Gilbert, argued for $50 million in damages. The attorney emphasized that this was not merely a suggestion but a firm statement of the appropriate compensation.

The case centered around the death of Mr. Gilbert, who underwent a routine colonoscopy at The Portland Clinic in 2018. A colonoscopy is a medical procedure that involves the examination of the large intestine (colon) and rectum using a flexible tube with a camera attached. The procedure is typically performed under sedation.

During the colonoscopy, Mr. Gilbert, who was overweight and used a CPAP machine for sleep apnea, experienced airway closure. A CPAP machine is a device used to treat obstructive sleep apnea, a disorder characterized by repeated interruptions of breathing during sleep. The plaintiff's attorney informed the jury that Mr. Gilbert was deprived of oxygen for 22 minutes before being declared brain dead. He subsequently passed away.

Sean Claggett of Claggett & Sykes, representing Mr. Gilbert's estate, urged the jury to consider the requested $50 million in damages. He acknowledged that the jury could award a lower amount but emphasized that this figure was not just a suggestion—it was the most accurate and appropriate compensation for the estate's loss.

According to Claggett, Gilbert, a 43-year-old man with hypertension and sleep apnea, scheduled a colonoscopy to investigate blood in his stool. Despite his health conditions and a high body mass index, which the plaintiff argued required a hospital setting, the procedure was scheduled at Alberty Surgical Center, an outpatient facility affiliated with The Portland Clinic.

Shortly after anesthesia was administered by the anesthesiologist, Dr. David Stellway, Mr. Gilbert's blood pressure began to rise, and his oxygen levels fell. Despite these concerning signs, gastroenterologist Dr. Young Choi continued with the colonoscopy.

The sedation nurse, Kathryn Carlson, observed respiratory distress and a lack of pinkness in Mr. Gilbert's skin but was allegedly ignored. Dr. Stellway attempted to manually ventilate Gilbert using a bag-valve-mask device but did not recommend pausing the procedure to concentrate on reestablishing Gilbert's airway.

Furthermore, Claggett alleged that during Gilbert's respiratory distress, Dr. Choi was engaged in administrative tasks, including updating medical records and editing a previously signed consent form. Simultaneously, Dr. Stellway was accused of dismissing suggestions to intubate the patient and halt the procedure.

Claggett argued that the defendants' decisions or omissions might have been crucial in preventing Gilbert's death. He suggested the jury award $7.7 million for medical expenses, along with other damages.

The plaintiff suggested a fault distribution of 25% each to Dr. Choi and Dr. Stellway and 50% to The Portland Clinic. This allocation included responsibility for the clinic’s nurse and surgical technician, who allegedly failed to initiate a hospital-wide code alert when Gilbert was deprived of oxygen.

Claggett emphasized that the outpatient facility was not equipped to handle such life-threatening emergencies. Since Gilbert’s response, which mirrored his typical sleep apnea airway closure, was a foreseeable risk, he should not have been scheduled to have the procedure there.

In response, Jennifer Oetter, representing The Portland Clinic, attributed all fault to Dr. Stellway, the anesthesiologist. She argued that Dr. Stellway had sole and absolute authority in the situation. Oetter cited testimony indicating that if Dr. Stellway had concerns about the patient's airway, he had the power and responsibility to halt the procedure.

The plaintiff's counsel argued that there had been no pre-surgery consent regarding the potential risks of performing the colonoscopy in an outpatient facility. However, Oetter presented a document titled "Ambulatory Surgical Center Patient Consent to Resuscitative Measures."

The consent form, which Gilbert had signed, included a section outlining the potential risks of the procedure and offered the patient the option to have the surgery performed in a hospital setting. Oetter argued that Gilbert had chosen to proceed with the procedure at the outpatient facility.

Furthermore, Oetter contended that the location of the procedure would not have altered the outcome. She cited expert testimony that Dr. Stellway, the anesthesiologist, would have only stepped aside from his role in managing the airway if there had been two failed intubation attempts, which did not occur.

Oetter emphasized that Dr. Stellway made decisions independently of The Portland Clinic, noting that the clinic had no control over which anesthesiologist was assigned to the case.

The Gilbert estate is represented by Sean Claggett of Claggett & Sykes, while The Portland Clinic is represented by Jennifer Oetter of Lewis Brisbois Bisgaard & Smith LLP.

The case, Estate of Erric Edward Gilbert v. The Portland Clinic et al., was heard in the Multnomah County Circuit Court, Fourth Judicial District, Oregon, under case number 21CV18955.