Subscribe- Plaintiff
- Evans, Robert
- Represented By:
- Potter, Cal (Potter Law Offices)
- Funk, John (Potter Law Offices)
- Defense
- Deshazo, Gary
- Represented By:
- Cotton, John (John H. Cotton & Associates, Ltd)
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
- Plaintiff
- Defense
- Judge
- Abbi Silver
- Jurisdiction
- 8th District Court of Nevada
- Court
- Regional Justice Center
- Case Number
- 06A531968
- Industry
- Health care
- Practice Area
- Malpractice, Negligence, Tort Law
Sessions
AM Session
Openings
5 Chapters
AM Session
Plaintiff Witness(es)
7 Chapters
PM Session
Plaintiff Witness(es)
30 Chapters
AM Session
Plaintiff Witness(es)
10 Chapters
PM Session
Plaintiff Witness(es)
11 Chapters
AM Session
Defense Witness(es)
11 Chapters
PM Session
Verdict
5 Chapters
AM Session
Defense Witness(es)
14 Chapters
Recording Disclaimer: This proceeding was recorded in full.