DuPage County Wrongful Death Settlement Of $1,135,000.00 Reached for 73 Year Old Dental Patient Who Died While Receiving Intravenous Sedation From An Oral Surgeon.
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Robert Pauly went to the defendant, an oral surgeon, James Morrone, DDS, to have a tooth pulled. He agreed to have intravenous sedation to relax him for the procedure. After Dr. Morrone administered the I.V., Mr. Pauly had difficulty breathing and then stopped breathing. The paramedics were called and were unable to resuscitate Mr. Pauly. He died in the dental chair while his wife innocently waited in the waiting area.
This is not the first patient to die under Dr. Morrone’s care while being given sedation for an oral surgery procedure.
The defendant, James Morrone, DDS, had his license suspended in Illinois three times and had a restricted license in Wisconsin, prior to this occurrence. After having his license reinstated, he returned to practicing oral surgery and giving intravenous sedation. One of those license suspensions involved the death of a patient.
Dr. Morrone’s license is still active and the Department of Financial and Professional Regulation has taken no action against his license after yet another death.
Mr. Pauly left surviving him a wife, Eleanor Pauly, and four adult children. He was 73 years old at the time of his death. He was retired. The sole damage claim was for loss of society to his spouse and four adult children.
His family brought this lawsuit alleging that Dr. Morrone did not fully inquire into Mr. Pauly’s medical history, or take into account his age, before performing the I.V. sedation. Further, the lawsuit alleged that Mr. Pauly had complaints of swelling in his mouth, but Dr. Morrone did not fully assess the swelling in Mr. Pauly’s airway before initiating the anesthetic. Once Dr. Morrone initiated the I.V. sedation and began administering the anesthetic, the lawsuit alleged he did not properly monitor Mr. Pauly’s vital signs and oxygenation levels. Lastly, the lawsuit alleged that Dr. Morrone did not use proper resuscitation drugs and in fact used the incorrect resuscitative drug.
As a result of the lawsuit, the case against Dr. Morrone, Midwest Oral and Maxillofacial Surgery Associates, Ltd., and Glen Ellyn Family Dental has settled for $1,135,000.00 — $900,000 paid by Dr. Morrone, Midwest Oral and Maxillofacial Surgery Associates, Ltd. and $235,000 paid by Glen Ellyn Family Dental. Glen Ellyn Family Dental was the office where Dr. Morrone was performing oral surgery at the time of this occurrence.
Mrs. Pauly encourages all patients to check out the licenses of their dentists and oral surgeons with the Illinois Department of Financial and Professional Responsibility.
This case was pending in the Circuit Court of DuPage County, case number 2006 L 512 before Judge Hollis Webster. The case was mediated before the Honorable Sheldon Brenner, but settled after the mediation. The settlement was reached and approved by the court on June 18, 2007.
The Plaintiff was represented by Jill M. Webb, Phillips Law Offices, 161 N. Clark Street, Suite 4925, Chicago, IL 60601. Phone: (312) 346-4262
FOR FURTHER INFORMATION, PLEASE CONTACT:
Jill M. Webb, Esq., Phillips Law Offices, 161 N. Clark Street, Suite 4925
Chicago, IL 60601. Phone: (312) 346-4262; Fax (312) 346-0003.