On Sept. 28, 2007, plaintiffs’ decedent Corine Davis, 88, a retiree, underwent a femoral-tibial bypass performed by Dr. John Bry at Summit Medical Center in Oakland. After the surgery, Dr. John Donovan, the anesthesiologist during the bypass, signed his post-anesthesia note because he felt that Davis was emerging from anesthesia in an anticipated way and transported Davis to the Post-Anesthesia Care Unit. The recovery room nurse in the PACU talked to Bry about transferring Davis to the Intensive Care Unit, but Bry felt a telemetry unit would be satisfactory. As a result, Davis was transferred from the PACU to the telemetry unit, where it was documented that Davis was difficult to arise and wasn’t fully recovered cognitively. At approximately 6 p.m., Bry was called in to clarify some orders and ordered the drug Narcan, which was noted to provide minimal change to Davis’ condition. At approximately 10 p.m., Dr. Stephen Etheredge, Bry’s partner, was called due to Davis’ difficulty in taking her medication and Etheredge stated that there should be a follow-up in the morning. At approximately 2 a.m., Davis’ blood pressure and oxygen saturation dropped, and she was sent to the ICU. Davis’ lab work also showed elevated levels of potassium. She then remained relatively stable, until approximately 8:20 a.m., when her rate dropped and she went into code blue. Efforts to resuscitate Davis were unsuccessful and she died from a cardiac arrest. The estate of Corine Davis, on behalf of her children, Lois Stephens, Timothy Davis, Betty Reed, Billie Genereux, Carol Davis, Linda Smith, Mitchell McClain and Archie McClain, sued Bry, Donovan, Etheredge and Alta Bates Summit Medical Center, as well as Kathryn Landau, Bry’s physician’s assistant. They alleged that the defendants’ post-operative care resulted in Corine Davis’ wrongful death, and that the defendants’ negligence constituted medical malpractice. Prior to trial, plaintiffs Timothy Davis, Betty Reed, Carol Davis and Linda Smith dismissed their claims. Defendant Etheredge was dismissed on a motion for summary judgment and defendant Landau was voluntarily dismissed from the action. Plaintiffs’ counsel contended that Bry should have initially transferred the decedent to the ICU, instead of the telemetry unit, and that Donovan was negligent for signing his post-anesthesia note stating that the decedent had emerged from her anesthesia. Counsel also contended that Alta Bates was liable for its nurse, who failed to encourage the “chain of command” to have the decedent transferred to the ICU immediately after surgery. In addition, plaintiff’s counsel contended that the decedent never met the criteria to be transferred out of the recovery room. Plaintiffs’ counsel argued that the defendants’ negligence and failure to immediately transfer the decedent to the ICU caused her elevated potassium levels to go undetected, which caused a myocardial infarction and the decedent’s subsequent death. Counsel contended that had the decedent been transferred to the ICU after surgery, the elevated levels would have been discovered earlier and treated, preventing the decedent’s death. Counsel for Bry, Donovan and Alta Bates argued that the cause of the decedent’s death was a cardiac arrest, triggered by a myocardial infarction, secondary to either a stroke or sepsis from early pneumonia. Thus, counsel contended that the decedent’s death was in no way related to her elevated potassium levels and, furthermore, that the time it took to transfer the decedent to the ICU had nothing to do with her death. Counsel further argued that the cause of the decedent’s death was untreatable because of her pre-existing medical condition, which included diabetes., Following her bypass surgery, Corine Davis suffered a cardiac arrest and died. She was 88. Davis left behind eight children. Davis’ estate claimed that the decedent suffered a myocardial infarction due to the defendants’ failure to treat her elevated potassium levels post-surgery. Thus, the plaintiffs sought recovery of $250,000 in wrongful death damages. Counsel for Bry, Donovan and Alta Bates disputed the cause of death, contending that the decedent suffered a cardiac arrest, triggered by a myocardial infarction, secondary to either a stroke or sepsis from early pneumonia. Counsel further argued once the decedent suffered the cardiac arrest, her condition was untreatable due to her pre-existing medical condition. Thus, counsel argued that the decedent’s death was not due to anything the defendants did or did not do.