$15.4 million verdict following fatal anesthesia complication
Key Takeaways
Maria Ocasio developed hypoxia while under anesthesia in March 2017 during a standard outpatient procedure.
Ocasio’s hypoxia progressed to a fatal cardiac event, resulting in her family filing a malpractice suit alleging delays in addressing complications.
A New Haven jury awarded Ocasio’s family more than $15 million in July 2024.
In Marcy 2017, Maria Ocasio visited MidState Medical Center in Meriden, CT, for an outpatient scoping procedure.[] She received anesthesia for the short procedure, and suffered a fatal cardiorespiratory collapse.
Ocasio’s family filed a medical malpractice lawsuit, alleging that the doctors overseeing her anesthesia care failed to appropriately respond to the emergency. In July 2024, a New Haven, CT, jury awarded the Ocasio family $15.4 million in damages.
Elective outpatient procedure turns lethal
Ocasio, born in Puerto Rico, was a grandmother of seven. The 2017, procedure, an endoscopic retrograde cholangiopancreatography, at MidState Medical was elective, and was expected to be a brief, outpatient procedure.[]
Anesthesia was overseen by providers from the Meriden-Wallingford Anesthesia Group, including anesthesiologist Guy J. Aliotta, MD, and certified registered nurse anesthetist Richard Ruey, CRNA. Ocasio reportedly experienced hypoxia and sedation-induced respiratory depression during the procedure, leading to cardiopulmonary arrest.
Following cardiopulmonary arrest, Ocasio developed other acute medical conditions, including catastrophic anoxic brain injury, seizures, kidney injury, and a collapsed lung. Ocasio received several weeks of treatment in the MidState intensive care unit, including the placement of an IRG tube and respirator.[][]
She passed away on April 17, 2017, at the age of 57.
Malpractice suit filing
Ocasio’s adult children filed a medical malpractice lawsuit against MidState Medical Center and the Meriden-Wallingford Anesthesia Group in September 2017.[] The Ocasio family’s complaint against Meriden-Wallingford named CRNA Ruey and Dr. Aliotta.
The complaint alleges that the anesthesia team failed to properly monitor Ocasio during her procedure and to properly treat her once she began showing symptoms of hypoxia. It also states that too much time was allowed to pass before Ocasio’s symptoms of hypoxia were addressed.
Additionally, it alleges that Ocasio was given excessive doses of anesthesia during her procedure and that Dr. Aliotta failed to supervise CRNA Ruey and the rest of the anesthesia team during Ocasio’s procedure.
The case went before a New Haven jury in July 2024.[] Dr. Aliotta passed away in 2021. On July 3, the jury ruled that Dr. Aliotta and the Meriden-Wallingford Anesthesia Group were at fault for Ocasio’s death and awarded the Ocasio family $15.4 million: $9.4 million for Ocasio’s wrongful death, $5.4 for her pain and suffering, and another $1 million for “loss of enjoyment of life’s activities."[]
Attorneys Kathleen Nastri and Erik Siegel of Koskoff Koskoff & Bieder represented the Ocasio family. Following the verdict, Nastri stated:
“Maria Ocasio should have walked out of that outpatient procedure and enjoyed many more decades with her loving family... Instead, she spent her final days hooked up to machines... Her sons were determined to uncover what happened and honor her memory. Today’s verdict does just that, and we’re proud to have brought some peace to the Ocasio family.”[]
Representatives for Meriden-Wallingford and the estate of Dr. Aliotta have not commented on the verdict.
Malpractice verdicts against an estate
There are multiple factors that play a role in when and how a physician can be sued for malpractice. For instance, physicians who work for federally run healthcare facilities cannot be individually sued for malpractice, and multiple states have caps that limit damage awards. A physician’s death can also be a key factor in whether a malpractice case makes it to trial. As is often the case, however, rules vary by state.
Typically, an estate can only be sued after it has gone into probate. The statute of limitations for a lawsuit—including a malpractice suit—after probate begins depends on the state. The total amount of cash and other assets in a person’s estate will also affect the payout of any verdict.
A judgment doesn’t always have to come out of a physician’s estate. Medical malpractice insurance policies will sometimes pay out after a policyholder’s death. Individual policies have specific requirements, and some physicians may pay a higher premium for after-death coverage options.
Sometimes, coverage will only apply if the policy was active when the lawsuit was initially filed. In other cases, a policy will cover any incident that occurred during the policy’s active years, even if the policyholder passes away before the lawsuit is filed.
What this means for you
In March 2017, Maria Ocasio underwent a routine outpatient procedure at MidState Medical Center in Meriden, CT, but suffered a fatal cardiorespiratory collapse due to alleged negligence in her anesthesia care. A New Haven jury recently awarded her family $15.4 million in damages, finding the anesthesia team at fault for her death. The Ocasia’s suit highlights that it’s a good idea for doctors to know the finer details of their medical malpractice insurance policy. Some companies might allow you to modify your coverage and add estate planning options, such as post-death policy payouts.