Evans v. Deshazo

VERDICT

Trial
10/20/09 – 10/23/09

Summary

On April 11, 2005, 28 year-old Bobby Evans died of a drug overdose after consuming alcohol, the recreational drug Ecstasy (methamphetamine), and the pain killer oxycodone.

According to the plaintiffs (the decedent's parents), people rarely die from using Ecstasy, but oxycodone is a highly addictive drug that is incredibly dangerous when taken with alcohol or other medications.

The plaintiffs asserted that the defendant's treatment fell below the standard of care because even though the defendant prescribed increasing doses of oxycodone over nearly a year, there was no documented treatment plan, nor a sufficient medical history or examination adequate to support the prescription, nor did the defendant adequately explain the risks of taking oxycodone in combination with alcohol or recreational drugs, even though the plaintiff disclosed his use of alcohol.

The plaintiff also asserted that the defendant should have had a pain contract explicitly prohibiting the use of alcohol or street drugs as a condition of receiving the oxycodone. Finally, the plaintiff alleged that the defendant's treatment was based on unsubstantiated diagnoses, including a herniated disc and post-traumatic stress disorder. The plaintiff requested an award of one million dollars to compensate the plaintiff for the loss of their son resulting in part from the defendant's failure to competently manage treatment.

The defendant, a doctor of osteopathy, claimed that he prescribed the decedent medication for back pain -- first hydrocodone, then oxycodone, then roxicodone. The defense claimed that there was no indication of addiction or drug-seeking behavior. Instead, the decedent was the classic presentation of a chronic pain patient, experiencing actual pain from actual accidents.

The defendant asserted that the decedent died because he partied so recklessly that he killed himself, and that the defendant had nothing to do with the illegal conduct that evening. According to the defendant, the the decedent's death resulted not from the defendant's treatment, but from the decedent's decision to take more oxycodone than had been prescribed, despite warnings from the defendant and from the medical labels, and his decisions to also take high levels of methamphetamine and alcohol.

The jury found for the defendant.

Outcome

Verdict for the defense

SESSIONS WITH John Cotton

PM Session
Plaintiff Witness(es)
30 Chapters
DescriptionAttorneyWitnessPresence
00:00:01General Case Activities
00:01:20Witness Direct ExaminationFunk, JohnJordan, Dr. Robert In Person
00:11:45General Case Activities
00:22:25General Case Activities
00:32:45Witness Direct ExaminationFunk, JohnJordan, Dr. Robert In Person
00:35:45Witness Cross ExaminationCotton, JohnJordan, Dr. Robert In Person
00:42:35Witness Re-Direct ExaminationFunk, JohnJordan, Dr. Robert In Person
00:43:45General Case Activities
00:46:12General Case Activities
00:48:58Witness Direct ExaminationPotter, CalEscobedo, Christine In Person
01:13:50Witness Cross ExaminationCotton, JohnEscobedo, Christine In Person
01:18:45General Case Activities
01:19:40Witness Cross ExaminationCotton, JohnEscobedo, Christine In Person
01:23:30Witness Re-Direct ExaminationPotter, CalEscobedo, Christine In Person
01:26:55Witness Re-Cross ExaminationCotton, JohnEscobedo, Christine In Person
01:27:32General Case Activities
01:30:12General Case ActivitiesEscobedo, Christine In Person
01:31:55Break
02:01:35Witness Direct ExaminationPotter, CalLillo, Dr. Joseph In Person
02:23:20Witness Cross ExaminationCotton, JohnLillo, Dr. Joseph In Person
02:33:45Witness Re-Direct ExaminationPotter, CalLillo, Dr. Joseph In Person
02:38:30General Case Activities
02:40:34General Case ActivitiesLillo, Dr. Joseph In Person
02:41:49General Case ActivitiesLillo, Dr. Joseph In Person
02:43:50Witness Direct ExaminationFunk, JohnBrady, Kimberly In Person
03:02:10General Case Activities
03:03:30Witness Direct ExaminationFunk, JohnBrady, Kimberly In Person
03:04:09Witness Cross ExaminationCotton, JohnBrady, Kimberly In Person
03:10:35Witness Direct ExaminationFunk, JohnKauffman, David In Person
03:26:40End of Session
OCT
20

Recording Disclaimer: This proceeding was recorded in full.

Suggest a Trial

Want to see a trial that you don't see in our list of upcoming trials?

Suggest a Case

CVN Essentials

The most important and informative moments of each trial

CVN Essentials

Video Library

Unlimited access to thousands of hours of past coverage of high stakes civil litigation

Video Library

  • Follow Us
  • Contact Us
  • 4901 Olde Towne Parkway
  • Suite 100
  • Marietta, GA 30068
  • 877-834-8627
  • 404-935-0321

Copyright 2025 Courtroom Connect.