In a medical malpractice trial of landmark consequence, the family of Erric Gilbert is pursuing $50 million in damages after his death following a routine colonoscopy. The case, heard in Oregon state court, centers on allegations that a medical team at an outpatient facility failed to provide proper care when Gilbert, then 48-years-old, went into respiratory arrest during the procedure in 2018. Representing the plaintiff, Attorney Sean Claggett, contends that the medical staff did not administer necessary resuscitation efforts in time, which ultimately led to Gilbert’s death. The defense, represented by Attorney Jennifer Oetter, disputes these claims, asserting that the medical professionals acted appropriately, and attributing the fault to an anesthesiologist who has already settled out of the case. Medical experts played a pivotal role and will significantly impact the outcome.
During the trial, Claggett argued to the Multnomah County jury that the medical team failed to meet the expected standard of care. He is seeking approximately $7.7 million in economic damages and an additional $50 million in non-economic damages. Claggett explained that Gilbert, who was 43 years old, underwent a colonoscopy to investigate blood in his stool. Despite his pre-existing health conditions—high blood pressure, obstructive sleep apnea, and an elevated BMI—Gilbert’s procedure was performed at Alberty Surgical Center, an outpatient facility affiliated with the Portland Clinic. Claggett emphasized that these conditions should have indicated the need for the procedure to take place in a hospital setting.
According to Claggett, after Dr. David Stellway administered the anesthesia, Gilbert’s vital signs began to worsen. His blood pressure increased, and his oxygen levels dropped, suggesting respiratory distress. Despite sedation nurse Kathryn Carlson’s warnings, Claggett claimed that gastroenterologist, Dr. Young Choi, continued the procedure without addressing Gilbert’s deteriorating condition. Dr. Stellway attempted to manage Gilbert’s breathing using a bag respirator, but Claggett argued that crucial time was wasted without a decisive response from the team. Nearly eight minutes passed before surgical technician Janice Dulle activated the emergency code button, calling paramedics. By then, Gilbert had suffered full cardiac arrest, and CPR was delayed for over 20 minutes, ultimately resulting in his brain death.
Claggett asserted that the entire medical team bore responsibility for Gilbert’s care and failed to act promptly. He emphasized that all medical personnel in the room were aware of the distress signals and had a duty to initiate emergency procedures regardless of their individual roles. Claggett stated, “Dr. Choi, Nurse Carlson, and Surgical Tech Dulle sat by and watched and let Erric Gilbert die.”
In defense, Oetter argued that the medical staff adhered to the standard of care. She pointed out that Gilbert’s pre-surgical evaluation took his medical history into account, justifying the decision to proceed at the outpatient facility. Oetter concentrated on the role of Dr. Stellway, claiming he did not adequately communicate the severity of the situation to Dr. Choi and the rest of the team. She maintained that Dr. Choi relied on the anesthesiologist’s expertise and would have halted the procedure had he been informed of Gilbert’s respiratory condition. Oetter stated, “The anesthesiologist never says the patient is not breathing.”
