Jury clears anesthesia group in wrongful death suit

A St. Louis County jury ruled in favor of the defendant in a medical malpractice suit alleging wrongful death.

Midwest Anesthesia Providers, S.C., was found not liable on Nov. 8 in a $2.6 million wrongful death suit brought forward by the decedent’s wife. The plaintiff alleged that the defendant was negligent when one of its anesthesiologists wrongfully and unknowingly placed an endotracheal tube into her husband’s esophagus during emergency surgery. The decedent entered cardiorespiratory arrest and eventually died.

Midwest argued against the negligence allegations on the basis that the true cause of the decedent’s death was a mucus plug obstruction that could be seen on a CT scan of the plaintiff’s husband hours before the anesthesiologist saw him for the surgery.

The five-day trial was tried in front of Judge Kristine Kerr.

Lead attorney for the defendant was Andrew M. Luther of Luther & Associates in St. Louis, along with Daniel M. Schmittgens, also with Luther & Associates, and Lawrence R. Smith of Brinker & Doyen in St. Louis.

The plaintiff was represented by lead attorney Josh P. Tolin of J. Tolin Law in Chesterfield, and James P. Lemons of Brown & Crouppen in St. Louis.

Two experts also testified during the trial. Dr. Jesse H. Marymont, an anesthesiologist with Northshore University Health System in Evanston, Illinois, was brought in by the plaintiff, while the defendant’s expert was Dr. Louis M. Guzzi, an anesthesiologist with AdventHealth Daytona Beach in Daytona Beach, Florida.

Tolin said their expert believed the tube was placed incorrectly, rather than an obstruction, based on the fact that the decedent was breathing normally before surgery.

“He went into the OR breathing normally with normal vital signs … In a matter of a couple
minutes, he (died),” Tolin said.

The defendant’s lead attorney could not be reached for comment.

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Medical malpractice

Verdict for defendant

Type of action: Medical malpractice, wrongful death

Court: St. Louis County Circuit Court

Case Number/Date: 11/8/2024, case No. 22SL-CC02197

Pre-trial demand: $1 million

Last pre-trial demand: $1 million

Plaintiff’s expert: Jesse H. Marymont, a doctor in anesthesiology with Northshore University System in Evanston, Illinois

Defendant’s expert: Louis M. Guzzi, a doctor in anesthesiology with AdventHealth Dayton Beach in Dayton Beach, Florida

Injuries alleged: Cardiovascular, pulmonary, respiratory, death

Caption: Gloria Merriweather v. Midwest Anesthesia Providers, S.C.

Plaintiff’s attorneys: Josh P. Tolin of J. Tolin Law in Chesterfield and James P. Lemons of Brown & Crouppen in St. Louis

Defendant’s attorneys: Andrew M. Luther and Daniel M. Schmittgens of Luther & Associates in St. Louis, and Lawrence R. Smith of Brinker & Doyen in St. Louis

Insurance carrier(s): No insurance companies involved