Jury awards $7 million for a Florida boy's needless death

WEST PALM BEACH, Fla., Sept. 28, 2015 /PRNewswire/ -- A West Palm Beach, Florida jury has awarded $7 million to the family of a 15-year-old St. Lucie County boy who died at Palms West Hospital in Palm Beach County, while under the care of Dr. Antonio Marante in April 2011. 

Attorney Guy Rubin of the Stuart, Florida law firm of Rubin and Rubin tried the case with John Colvin of the Orlando firm of Mooney, Colvin.  This is the second jury trial victory by the Rubin-Colvin team in five months.  Their first case resulted in a $1.4 million award from Indian River Hospital.

Gregory was joking with his mother while awaiting transport to the University of Miami Children's Hospital in the early morning of April 9, 2011 when Marante administered two sedatives to the boy, resulting in an irreversible death spiral. 

Without conferring with the boy's parents, the Ear-Nose-Throat (ENT) specialist who had ordered the transfer, or an anesthesiologist; Marante had an arterial blood gas line inserted into Gregory's arm.  When blood gas results registered as abnormal, the doctor administered the sedatives and, within minutes, the boy's oxygen levels crashed. The ENT and emergency doctors performed a tracheotomy but it was unsuccessful and the lack of air to Gregory's lungs caused the boy's fatal cardiac arrest while his mother, father and sisters stood outside his door.

"Dr. Marante was offended that another doctor gave transfer orders for Greg without letting him know. Marante told the ENT he would not assist with the transfer and ordered the nurses to hold off.  He didn't discuss risks or options with Greg's parents.  He didn't consult with the ENT, didn't speak with the anesthesiologist on call. If he had, Dr. Marante would have been aware the blood gas results weren't abnormal for a child with Greg's condition," said Rubin.

Gregory's condition, an unusually narrow airway, meant that his blood gas levels were typically low. Sedation can effectively collapse such a small airway, leading to respiratory arrest and death.

"Greg's death was needless, tragically avoidable," said Rubin who was involved with the case from its inception, demanding an autopsy by the Palm Beach County Medical Examiner. 

"Dr. Marante and his insurance carrier fought accepting accountability for this horrific incident for four years but it only took the six-person jury an hour and 15 minutes to decide he needed to pay the price for his negligence," said Rubin of the $7 million verdict against Marante, who practices at Palms West Hospital and at Lawnwood Medical Center in Fort Pierce.

The family intends to establish a scholarship fund for young adults who have the potential to change the world in a positive way.

Media Contact:  
Tom McNicholas
772-263-1567

SOURCE Rubin & Rubin Law Firm