Medical Negligence Case Against Alabama Children’s Hospital for Wrongful Death Dismissed

White v. Buckmaster, et al

Case Background

The parents of Benjamin White, a 29-day-old baby, filed a medical negligence action against the medical team at Children’s Hospital of Alabama for the wrongful death of their baby during an MRI in 2020. The case was heard in the Alabama, Birmingham Division of the Jefferson County Circuit Court. Judge Jim Hughey, III presided over this case. [Case number: 21-901910]

Cause

On June 25, 2020, Clarke Benjamin White, a healthy 29-day-old infant, was scheduled for a diagnostic MRI at Children’s Hospital of Alabama in Birmingham. Known as “Baby Ben” in the records, he was not in any kind of medical emergency at the time of the scheduled MRI.

Initially, the medical team attempted to perform the MRI without anesthetic. However, Baby Ben struggled to remain still. Consequently, the team decided to use a general anesthetic.

Dr. Mark Buckmaster, a pediatric anesthesiologist, was responsible for administering the anesthesia, with assistance from certified registered nurse anesthetists Patrick Hubbard and Allie Lewis.

Dr. Buckmaster instructed Hubbard to place an endotracheal tube. Anesthesia began at 7:32 a.m. Shortly after, the team noticed a large leak, leading them to remove the tube. Baby Ben was provided oxygen while the procedure continued.

The medical team tried to reintubate Baby Ben at least twice but failed. During this time, he was deprived of oxygen, leading to suffocation. About thirty minutes after starting the anesthesia, the pediatric ICU team arrived to take over Baby Ben’s care.

At approximately 8:53 a.m., the team transferred Baby Ben to the PICU, where they successfully established his airway. By then, however, Baby Ben had suffered severe brain damage. He went into cardiac arrest due to respiratory failure and was pronounced dead on June 27, 2020.

Damages

Baby Ben’s parents sued the Defendants for general and special damages for the wrongful death of their 29-day-old baby. They suffered great emotional pain, anguish, and suffering.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Estate of Benjamin White
  • Counsel for Plaintiff(s): John J. Givens | Jessica K. Givens | Joe Lane
  • Experts for Plaintiff(s):  Dr. John McCloskey | Cynthia Nicholas

• Defendant(s): Dr. Mark Buckmaster | Patrick Hubbard | Allie Lewis | Children’s Hospital of Alabama
  • Counsel for Defendant(s): Joseph S. Miller | Tyler J. McIntyre | Mark W. Lee | J. Alex Wyatt
  • Experts for Defendant(s): Dr. William Nelson

Claims

The Plaintiffs held the Defendants responsible for breaching the standard of care. They claimed the Defendants failed to maintain and manage Baby Ben’s airway properly. Consequently, this negligence led to Baby Ben’s death.

Defense

Dr. Buckmaster, Hubbard, Lewis, and Children’s Hospital of Alabama denied allegations of medical malpractice and negligence. They denied that their treatment of Baby Ben violated the standard of care.

Expert Testimony

The Plaintiffs’ experts included Dr. John McCloskey, an anesthesiologist from Philadelphia, and Cynthia Nicholas, a CRNA from South Pasadena. On the defense side, Dr. William Nelson, a pediatric anesthesiologist from Colorado Springs, provided expert testimony.

Jury Verdict

The case was tried for seven days in Birmingham. On February 2, 2024, the Alabama jury, after deliberating for three full days returned a verdict that exonerated all Defendants. The jury found no negligence or breach of standard care that directly caused Baby Ben’s wrongful death. The court entered a defense judgment.

Court Documents:

Available upon request