Matthew L. Curtis and Dante M. Filetti obtained a defense verdict for their Defendant Family Physician in an alleged claim of acute intoxication with Morphine.

The decedent, a 49 year old, profoundly mentally retarded resident of a state facility died within approximately two hours of receiving a 15mg. dose of Morphine. The initial suspected cause of death was acute hemorrhagic pancreatitis, an often fatal condition. However, on autopsy, the medical examiner concluded that the cause of death was acute intoxication with Morphine and Thioridizine. At the request of the defendant, who was the medical director for the state facility, a subsequent analysis of the blood and bile was performed by the Commonwealth's Chief Toxicologist who concluded that the Morphine levels were inconsistent with the recorded 15mg. doses of Morphine administered approximately 19 hours apart.

While a non-medically trained caretaker recorded in the chart, and later testified that she "heard" the defendant physician order 50mg. of Morphine, the record reflected a standing order for 15 mg. of Morphine, a handwritten order and progress note by the defendant indicated a dose of 15 mg and the chart reflected two recorded doses of 15mg. by the nurse who actually administered the Morphine. (upon plaintiff's objection, the jury was not permitted to hear testimony that two subsequent audits of the facility's Morphine supplies accounted for the two recorded 15 mg. doses)  

Defendant's expert witnesses testified that the decedent died from the complications of acute hemorrhagic pancreatitis and that the elevated levels of Morphine and Thioridazine were due to inflammation and significant dehydration caused by the acute pancreatitis. The medical examiner had found evidence of a significant degree of dehydration during autopsy consistent with their testimony.

The Court sustained defendant's motion to strike the plaintiff's evidence as to a claim that the defendant failed to appropriately monitor or follow the decedent after the administration of Morphine and instructed the jury that the issues before them were: (1) whether the defendant ordered 50mg. of Morphine therefore violating the standard of care and (2) whether any such breach was a proximate cause of the decedent's death.

The jury deliberated for approximately one 1 hour and 20 minutes before returning a verdict in favor of the defendant physician.