The Estate of Erric Edward Gilbert vs The Portland Clinic, DLLP, Oregon Anesthesiology Group, PC, Young K. Choi, MD, David L. Stellway, MD

Case Background

On May 7, 2021, Plaintiff Gilbert, The Estate of Erric Edward, filed a Medical Malpractice lawsuit in the Oregon State Circuit Court of Multnomah County (Case number: 21CV18955). Judges Stephen K. Bushong, Christopher J. Marshall, Katharine von Ter Stegge, Steffan Alexander, Judith H. Matarazzo, Amy M. Baggio, Eric L. Dahlin, and David F. Rees presided over the case.

Cause

On October 26, 2018, Erric Edward Gilbert underwent a colonoscopy with general anesthesia at The Portland Clinic. Dr. Young K. Choi performed the colonoscopy. Dr. David L. Stellway administered the anesthesia. Mr. Gilbert had a history of obstructive sleep apnea, which increased his risk of complications related to anesthesia. During the procedure, Mr. Gilbert suffered respiratory arrest followed by cardiac arrest. The medical staff attempted resuscitation but refused to yield care to emergency responders when they arrived. Mr. Gilbert developed severe cerebral edema and subsequently died from these complications.

Injuries

Mr. Gilbert suffered respiratory arrest, cardiac arrest, and severe cerebral edema, which ultimately led to his death. His estate incurred $117,721.49 in medical expenses related to the incident. The estate also claimed $5,506,552.08 in lost income and benefits. This amount covered the period from Mr. Gilbert’s death to his expected retirement at 72. Additionally, Mr. Gilbert’s wife, Jennifer Gilbert, endured pain and the loss of care, society, companionship, services, and consortium. She also experienced mental anguish and suffering.

Damages

The estate sought up to $50 million in noneconomic damages and $5,624,273.57 in economic damages. They also requested 9% pre-judgment interest on the economic losses in a Medical Malpractice Lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Tim Nay, Personal Representative for the Estate of Erric Edward Gilbert, deceased
    • Counsel for Plaintiff: Aaron R. Tillmann| Marc Johnston | Sean Claggett, Esq | Shirley Blazick N | Jennifer Morales
  • Defendant(s):The Portland Clinic, DLLP | Oregon Anesthesiology Group, PC | Young K. Choi., MD | David L. Stellway
    • Counsel for Defendants: Karen O’Kasey| Erika L. Wilson | Jennifer K. Oetter

Claims

The complaint alleged several claims against the defendants:

Medical Negligence and Wrongful Death: The estate claimed that Dr. Choi, Dr. Stellway, The Portland Clinic, and Oregon Anesthesiology Group (OAG) were negligent in their care and treatment of Mr. Gilbert. The allegations included failing to inform Mr. Gilbert of the risks, inadequately monitoring his condition, and failing to respond appropriately to complications.

Vicarious Liability: The complaint asserted that OAG was vicariously liable for Dr. Stellway’s actions. It also claimed that The Portland Clinic was vicariously liable for Dr. Choi’s actions.

Apparent Agency: The estate claimed that The Portland Clinic was liable under the doctrine of apparent agency for the actions of Dr. Stellway and OAG. Mr. Gilbert reasonably believed they were employees or agents of The Portland Clinic.

Failure to Obtain Informed Consent: The complaint alleged that Dr. Choi, The Portland Clinic, Dr. Stellway, and OAG failed to obtain Mr. Gilbert’s informed consent. They did not adequately inform him of the risks associated with general anesthesia, especially considering his sleep apnea condition.

Defense

The defendants, The Portland Clinic, DLLP, and Young K. Choi, MD, admitted several key facts. They confirmed that Erric Gilbert underwent a colonoscopy on October 26, 2018, performed by Dr. Young K. Choi. The defendants admitted that Dr. Young K. Choi acted within the scope of his employment with The Portland Clinic, DLLP. They also acknowledged that Erric Gilbert died on November 2, 2018. However, the defendants denied all other allegations in the plaintiff’s Amended Complaint.

Jury Verdict

On August 16, 2024, the Multnomah  jury found The Portland Clinic, DLLP, negligent. They determined that this negligence caused the plaintiff’s injuries. The jury held The Portland Clinic, DLLP, 40% responsible. They also found David Stellway, MD, and Oregon Anesthesiology Group (OAG) 60% responsible for the injuries. Notably, the jury concluded that Young Choi, MD, was not negligent. The jury awarded the plaintiff a total of $24,613,500 in damages. This included $4,113,500 in economic damages and $20,500,000 in noneconomic damages in a Medical Malpractice Lawsuit.

Court Documents:

Available Upon Request