JAX again

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I hope they aren't arguing that the fact that he left OSA off his questionnaire is justification for the event.

That's a really sad story.
"Just a MAC" for endoscopy is one of the more dangerous things we do in anesthesia. An awful lot of the entries in the ASA closed claims database are lost airways.
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I wonder if the anesthesiologist was in the room? I didn't have one present when they looked at my esophagus or colon.
I can't remember the last time I gave any fentanyl (or other narc) for an endoscopy, especially to an OSA patient. Probably in the pentothal days, pre-diprivan. Now just lidocaine and judiciously titrated diprivan work wonders for 99.9% of scopes. I'd love to see the anesthesia record from that unfortunate CPO's scope at Jax.
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Those were some bleak times at Jax. If you do a search regarding their legal issues, there is a cluster of bad years in the early to mid 2000s.