A 46 year old married man underwent heart surgery and was placed in the ICU following surgery. Unfortunately, the ICU was not staffed with a physician overnight and when the man began to awaken from his anesthesia, he became restless and the endotracheal tube which was providing him oxygen became dislodged. By the time a doctor could respond and replace the tube, the man had gone over 9 minutes without adequate oxygen.

A jury awarded the man's widow and his family $2,500,000 in compensation.