Professional Negligence Law Reporter

Doe, 57, underwent surgery to remove a benign cyst from his lower left jaw. After the procedure, he developed respiratory complications that led to a partially collapsed lung and breathing difficulty. He spent six days in the hospital’s intensive care unit before being moved to a surgical floor. Doe told Roe nurse that he could not breathe and then later became unresponsive. Large mucus plugs were removed from Doe’s airway, and he was placed on life support for several days before he died. He is survived by his wife and two adult children. Doe had worked for the post office earning $75,000 annually.

Suit against Roe alleged failure to treat Doe’s deteriorating respiratory condition, including arranging for respiratory therapy, treating the mucus buildup in his airway, or notifying the attending physician that he could not breathe. The defense argued that Doe’s death was unpredictable and unpreventable.

The parties settled for $1.25 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Confidential Ct. Aug. 2021).

Plaintiff counsel: Jeffrey N. Catalano and Maria T. Davis, both of Boston.