Oregon Medical Facility Faces $24.6M Verdict in Patient Death Lawsuit

The lawsuit, tried in Multnomah County, centered on alleged negligence during a routine colonoscopy (a medical procedure to examine the large intestine) at The Portland Clinic. The patient, Eric Gilbert, suffered respiratory arrest (when a person stops breathing completely) during the procedure, leading to his death.

The plaintiffs contended that clinic staff failed to adequately respond to rapidly deteriorating vital signs and mishandled subsequent resuscitation efforts. Defense counsel, however, argued that liability should rest solely with an anesthesiologist who had previously settled and relinquished his medical license due to the incident, Dr. David Stellway.

The trial, which commenced on July 31, concluded with closing arguments followed by the jury's verdict the next day. The jury's decision allocated $20.5 million for noneconomic damages and approximately $4.1 million for economic damages. It's noteworthy that punitive damages were not applicable in this case.

Mr. Gilbert, who had a body mass index (BMI) of 40 (classified as obese) and used a continuous positive airway pressure (CPAP) machine to manage obstructive sleep apnea (a condition where the throat muscles relax and block the airway during sleep), experienced airway closure during the procedure. This resulted in 22 minutes of oxygen deprivation, which ultimately led to brain death and his passing on November 2, 2018.

During the trial, attorney Sean Claggett of Claggett & Sykes, representing the plaintiffs, argued that Gilbert's physical condition, including his weight and sleep apnea, required the colonoscopy to be performed in a hospital setting. He maintained that gastroenterologist Dr. Young Choi should have immediately halted the procedure when Gilbert experienced respiratory failure and Dr. Stellway began manually ventilating him.

In defending The Portland Clinic, attorney Jennifer Oetter of Lewis Brisbois presented several key arguments. She asserted that the clinic's three providers acted appropriately, placing full blame on Dr. Stellway for failing to communicate the severity of Gilbert's condition.

Oetter argued that the pre-surgical screening was comprehensive, considering Gilbert's medical history and BMI and that the decision to use an outpatient facility met the standard of care. She emphasized that colonoscopies, while routine, require intense focus from the gastroenterologist, explaining why Dr. Choi's attention was on the procedure itself.

The defense noted that anesthesiologists typically move around during procedures, suggesting that Dr. Choi may not have noticed Dr. Stellway using a bag respirator. Oetter stressed that Dr. Choi only continued the procedure after explicitly asking Dr. Stellway if he should proceed.

The jury's verdict cleared Dr. Choi of any negligence, despite the plaintiff's arguments. However, they assigned 60% of the responsibility to Dr. Stellway. Evidence indicated that Dr. Stellway disregarded concerns about pausing the procedure and did not adequately escalate the situation, even while manually ventilating the patient. Notably, Dr. Stellway, who was part of a different medical group, was not a defendant in this trial.

The jury also assigned 40% of the liability to The Portland Clinic LLP, a network of outpatient healthcare facilities. This decision was based on the actions of the clinic's staff present during the procedure, specifically a nurse and a surgical technologist. The jury determined that these staff members, like Dr. Stellway, failed to initiate a medical emergency response ("call a code") despite the patient's prolonged oxygen deprivation.

After a dangerous delay, the situation was finally escalated appropriately when Sonia Lopez, a surgical technician not originally assigned to the procedure, entered the room, believing the operation had concluded and it was time to prepare for the next patient. Upon seeing the chaotic scene, Lopez quickly activated the emergency alert system by pressing the code button on the wall, summoning paramedics and an ambulance to the facility.

This medical malpractice verdict may establish a significant legal precedent regarding the allocation of responsibility among healthcare providers in treatment-related litigation. The jury's decision to apportion fault highlights the crucial role of anesthesiologists in maintaining patient safety during medical procedures.

The Portland Clinic LLP has not yet released an official response to the verdict. However, legal experts expect that the organization may appeal the decision. Additionally, this ruling may result in the implementation of more robust procedural safeguards and supervision within medical settings, with a particular focus on anesthesiology practices.

The plaintiff, the Gilbert estate, is represented by Sean Claggett of Claggett & Sykes Law Firm. On the defense side, The Portland Clinic has retained Jennifer Oetter of Lewis Brisbois Bisgaard & Smith LLP.

The case, officially titled "Estate of Erric Edward Gilbert v. The Portland Clinic et al.," was filed under case number 21CV18955. It was heard in Oregon's 4th Judicial District in Multnomah County.