Plaintiff, the Estate of Owens, alleged that two-year-old Jahmari Owens was brought to the emergency room with cramping pain and vomiting and severe dehydration, and that the defendant emergency medicine physician failed to adequately resuscitate the child, resulting in a code and the child's death in the ER.
The defendant maintained that the intussuception was early in its course, was grossly atypical in its presentation, and that the child was not severely dehydrated, but instead that the child had died of aspiration of vomit, which induced a fatal bronchospasm.
The plaintiff requested $5 million in damages. After three days of deliberations, the jury was unable to reach a unanimous verdict, and a mistrial was declared. The case will be retried.