On Nov. 6, 2009, plaintiffs’ decedent Dennis Woerner, 57, a truck dispatcher, presented to Huntington Memorial Hospital’s emergency department, where he was diagnosed with a bleeding ulcer in the pyloric channel. Woerner, who had previously been diagnosed with amyotrophic lateral sclerosis (ALS) in March 2009, was admitted to the hospital and underwent an endoscopic procedure to treat the bleeding ulcer. At the conclusion of the procedure, Woerner went into respiratory arrest. As a result, Romazicon was administered to reverse the effects of Versed, a benzodiazepine used for sedation during the procedure. He was also intubated and placed on a ventilator for several days due to being unable to breathe on his own. On Nov.13, 2009, it was determined that Woerner needed to have a bronchoscopy with intubation to remove a mucous plug in the main stem of the left lung, but he refused. That night, he was given Ativan, an anti-anxiety medication, to relieve his anxiety in order to use a portable ventilator BiPAP mask, which provides two levels of pressure for easier exhalation, to avoid apnea during sleep. However, Woerner ultimately died on the morning of Nov. 14, 2009, while still hospitalized. The decedent’s wife, Debbie Woerner, and their three children, Wendy Woerner, Curtis Woerner and Kenneth Woerner, sued Huntington Memorial Hospital; the board certified internist and pulmonary disease specialist who treated the decedent during his hospitalization, Dr. Angela Hay; two other treating physicians, Dr. Joel Hutchinson and Dr. Magdalena Arenas; and a registered nurse, Rebecca Garcia. Huntington Memorial Hospital settled for an undisclosed amount, and Hutchinson, Arenas and Garcia were ultimately dismissed from the case. Thus, the matter continued against Hay only. Plaintiffs’ counsel contended that Ativan, which is a benzodiazepine, was contraindicated given the decedent’s history of an adverse reaction to another benzodiazepine, Versed, when he experienced respiratory arrest at the conclusion of the endoscopic procedure on Nov. 6, 2009. Thus, counsel argued that Hay should not have ordered Ativan, which purportedly caused the decedent’s respiratory arrest that led to his premature demise. Further, plaintiffs’ counsel contended that because the mucous plug in his left lung caused low oxygenation, the decedent was not mentally capable of making important medical decisions. Thus, counsel argued that Hay should have called the decedent’s wife on Nov.13, 2009, when the patient did not agree to have a bronchoscopy with intubation to remove the mucous plug. Hay claimed that Ativan was not contraindicated and, in fact, was necessary to relieve the decedent’s anxiety in order to use a portable ventilator BiPAP mask to avoid sleep apnea. He also claimed that Ativan did not cause the decedent to die during his sleep. Hay further claimed that the decedent was of sound mind when he was offered the bronchoscopy with intubation on the morning of Nov. 13, 2009, but that the decedent refused to be intubated because he was afraid of remaining on a ventilator due to his respiratory compromise from the ALS. In addition, Hay claimed that the standard of care did not require her to notify the decedent’s wife of her husband’s decision to not have the bronchoscopy., Dennis Woerner suffered respiratory arrest and died on the morning of Nov.14, 2009. He was 57. The decedent was survived by his wife, age 54; his sons, ages 21 and 14, and his daughter, also age 14. The decedent’s family claimed that they were not able to say good bye to Dennis Woerner due to his premature death and the lack of advanced warning from Hay. Thus, they sought recovery of wrongful death damages. During his closing argument, plaintiff counsel asked the jury to award the decedent’s family at least $100,000.