Professional Negligence Law Reporter

Doe, 25, had a history of rheumatic heart disease, valve replacements, and other cardiac problems. After undergoing cardiac surgery, he experienced respiratory failure and became ventilator dependent for several weeks. After a three-month hospitalization, he was transferred to a pulmonary rehabilitation facility. Lab studies the next morning revealed an elevated white blood count. Doe was agitated and had oxygen saturation levels between 50% and 69%. A nurse allegedly documented that Doe had not urinated during her shift. Doe was subsequently diagnosed with sepsis, which led to his death.

Suit against an attending nurse and physician alleged failure to timely diagnose and treat sepsis. The physician asserted that Doe’s symptoms were consistent with his baseline condition and that his death resulted from C. diff colitis. The nurse argued that she had no responsibility for diagnosing Doe. On cross-examination, the physician conceded that the nurse had not apprised her of Doe’s failure to produce urine.

The parties settled during trial for $2.85 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Confidential Jxn. & Ct. 2023).

Plaintiff counsel: Adam R. Satin, AAJ member Andrew Meyer Jr., and Griffen Rose, all of Boston.