Jury Ready to Issue Verdict in Wrongful Death Case

By Robert Carrier

Published on October 19, 2007

Frank Special filed the lawsuit after his wife, Susan, died at West Boca Medical Center in June 2003 after giving birth to their child. The lawsuit claims that her death resulted from negligent actions of her anesthesiologist, Dr. Ivo Baux, and the hospital's staff. Special’s lawyer, Andrew Yaffa, told the jury that Susan's death was entirely preventable, and that Baux was directly responsible because he failed to properly monitor her vital signs.

Attorneys representing Baux and the hospital disagree, however, saying that although the death was tragic, it was unforeseeable and therefore unavoidable. Attorney Scott Michaud argued that Baux has performed more than 800 spinal anesthesia injections without incident, and that he made no deviations from the standard of care in treating Susan. Defense attorneys further claim that Susan died not because of negligence on the part of Baux, but because of an amniotic fluid embolism, an allergic reaction to fetal fluids in her body.

The jury deliberated for roughly two hours on Thursday and is expected to continue its deliberation today. If Special wins the case, the suit could cost Baux and West Boca Medical Center $10 million in damages.

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