After an 8-day jury trial, Clark Hudson and Rachel Fisher obtained a defense verdict on behalf of a San Diego Urologic Surgeon. The case involved a 63-year-old male who underwent a robotic-assisted laparoscopic cyst prostatectomy, bilateral pelvic lymphadenectomy and Studer orthotopic neobladder due to a diagnosis of bladder cancer. There were no complications during this surgery but on postop day 3, the patient started to decline, and a CT scan showed evidence of bowel ischemia for which emergency surgery was performed. While in the OR, rapid sequence induction was performed by the anesthesiologist resulting in the patient aspirating. Unfortunately, the patient  passed away on postop day 2 due to aspiration pneumonia. Plaintiffs maintained defendant was negligent by taking the patient to surgery without having an NG tube in place. The defense maintained it was an emergency and there was not time to continue attempts at placing the NG tube. Further, the patient had declined further attempts at having the NG tube placed. After a day of deliberations, the jury found for the Defense concluding Defendant was not negligent in his care of Decedent.