Kelley v. Associated Anesthesiologists, Inc.

Bryan Kelley (plaintiff) suffered cardiac arrest and became severely impaired when he was administered Anectine, a drip solution of succinylcholine muscle relaxant, manufactured by Burroughs Wellcome Company (Burroughs) (defendant), during surgery performed by Dr. John C. Burdon (defendant) to insert a breathing tube into Kelley to assist his recovery from an automobile accident. The Anectine was administered to relax Kelley to allow insertion of the breathing tube and was increased after the first insertion attempt was unsuccessful and was then left on during resuscitation efforts when Kelley was turned to a prone position and suffered cardiac arrest. Kelley sued Burroughs for products liability and Dr. Burdon and the anesthesiologists for medical malpractice. Dr. Burdon testified that he was aware of the package insert that specifically warned that Anectine may induce hyperkalemia and cardiac arrest in patients recovering from severe trauma or in patients with extensive denervation of skeletal muscle. Kelley’s experts opined that the administration of Anectine to Kelley caused his hyperkalemia and cardiac arrest and that Dr. Burdon’s failure to stop the flow of Anectine to Kelley delayed efforts to revive Kelley. No evidence was presented that showed that Anectine proximately caused Kelley’s injuries or that Anectine’s package insert was unreasonably dangerous or that Burroughs’s failure to positively contraindicate Anectine use in extensively denervated patients proximately caused Kelly’s injuries. Dr. Burdon testified that Kelley was not extensively denervated when he decided to administer Anectine, but other evidence showed that Kelley was extensively denervated when the Anectice was administered. The jury returned a verdict for Kelley and apportioned 90 percent fault to Dr. Burdon and 10 percent fault to Burroughs. Post-verdict, the trial court denied Burroughs’s motion for judgment notwithstanding the verdict (JNOV), and Burroughs appealed.