In Boudreaux v. Pettaway, No. 1100281, deceased’s
medical records clearly showed that she had numerous risk factors placing her
in the category of patients with a high risk of pulmonary aspiration during the
administration of anesthesia via routine intubation. Despite those risk
factors, a board-certified anesthesiologist and certified registered nurse
anesthetist failed to review the medical records or physically examine the
patient for the presence of aspiration risks. The pair failed to employ
the rapid-sequence induction process required for patients at risk for
aspiration. Patient aspirated bile into her lungs and died as a result of
aspiration pneumonitis.
The jury awarded $20,000,000 in damages. The plaintiff
accepted the trial court’s remittance of $16 million, leaving a $4 million
judgment.
Defendants appealed the denial of their motion for new
trial.
Defendants suggested that they were entitled to a new trial
because prospective jurors failed to answer questions asked during voir
dire. The Supreme Court agreed with the trial court’s determination
that the questions were unclear and confusing. The Supreme Court noted
that the information the defendants claim was not disclosed were matters of
public record. The Supreme Court observed that the defendants had allowed
individuals to sit on the jury who had disclosed information similar to what
the subject jurors allegedly failed to disclose.
Defendants also sought a further remittitur. The
opinion addresses how Alabama wrongful-death cases are different from non-death
cases. In assessing the impact of the judgment on the defendants’ net
worth, the trial court considered the defendants’ “bad-faith” action against
their insurer. Only Justice Murdock dissented to the other justices’
finding that the trial court properly considered the “bad faith” action in
assessing the impact.
From reading the opinion, it is evident that the justices
concluded that the anesthesiologist and nurse anesthetist were medically
negligent and acted reprehensibly. The anesthesiologist arrived at the
hospital only minutes before the surgery. At trial, the nurse anesthetist
repeatedly admitted that he breached the applicable standard of care.
