WATSON V. BUCK
Sep 1, 2008
The Alabama Jury Verdict Reporter
Medical Negligence – An elderly woman died during surgery to correct
a small bowel obstruction; her estate blamed her death on the medical
team for failing to monitor the woman’s fluid levels and for misplacing
a nasogastric tube
Estate of Watson v. Buck, et al., 03-983
Plaintiff: Michael A. Worel, Cunningham Bounds Yance Crowder & Brown,
Mobile; and Robert R. Riley, Jr., Riley & Jackson, Birmingham
Defense: Joseph S. Miller and Alicia M. Harrison, Starnes & Atchison,
LLP., Birmingham, for Dr. Buck; Charles P. Gaines, Gaines Gaines &
Rasco, P.C., Talladega, for Dr. Starling and Anesthesia Resource Management;
Crawford S. McGivaren, Jr. and Melanie M. Bass, Cabaniss Johnston Gardner
Dumas & O’Neal, LLP., Birmingham, for St. Vincent’s Hospital
Verdict: $4,000,000 for plaintiff against Dr. Buck and St. Vincent’s
Hospital; Defense verdict for Dr. Starling and Anesthesia Resource Management
Circuit: Jefferson, 6-22-07
Judge: Edward L. Ramsey
It was 1-5-02 when Mary Watson, age 74, was admitted to St. Vincent’s
Hospital in Jefferson County for treatment of a suspected small bowel
obstruction. While there she came under the care of a surgeon, Dr. Gray Buck.
On 1-7-02, two days after her admission to the hospital, Dr. Buck performed
surgery aimed at correcting Watson’s small bowel obstruction. Anesthesia
would be provided by a medical team that included Dr. Stephen Starling,
an employee of Anesthesia Resource Management.
The procedure did not go well. During the surgery, Watson’s fluid
levels dropped. She soon went into hypovolemic shock and died.
Watson’s estate filed suit against a number of the participants
in this tragedy.
However, the only defendants that remained by the time of trial were Drs.
Buck and Starling, Anesthesia Resource Management, and St. Vincent’s Hospital.
According to plaintiff, defendants failed to monitor Watson’s fluid
levels and allowed her volume to become depleted. They then failed to
treat her hypovolemic shock properly.
Also, defendants incorrectly placed a nasogastric tube into Watson’s
bronchus and then failed to timely recognize and correct the misplaced
tube. Plaintiff identified a nursing expert in the person of Sharon VanRiper.
Defendants denied their treatment deviated from the standard of care.
The case was tried in Birmingham and resulted in a mixed verdict. First,
the jury exonerated Dr. Starling and Anesthesia Resource Management. Against
Dr. Buck and St. Vincent’s Hospital, however, the jury found for
plaintiff and awarded damages of $4,000,000. Because plaintiff was an
estate, compensatory damages were not available, and the entire award
was comprised of punitive damages.
The court entered a judgment that reflected the verdict. Post-trial, Dr.
Buck and St. Vincent’s Hospital filed a motion for remittitur to
$2,006,400 against Dr. Buck due to aspects of Dr. Buck’s financial
condition that the record does not describe.
At the same time, the court denied the motion in all other respects. Thus,
there would be no remittitur against St. Vincent’s Hospital. The
hospital cried foul at this decision and argued that it effectively created
two separate verdicts. The ultimate resolution of that issue was unclear
from the record.