Ernest Lee Johnson - Execution Court Document
Ernest Lee Johnson - Execution Court Document
Ernest Lee Johnson - Execution Court Document
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Potosi Correctional Center under a sentence of death. Mr. Johnson was diagnosed with
an atypical parasagittal meningioma brain tumor.
procedure in August 2008 where a portion of the tumor was removed. Another portion of
the tumor, however, could not be removed and remains in Mr. Johnsons brain. The
craniotomy procedure resulted in scarring tissue and a brain defect that cause his current
medical problems. The scarring tissue and brain defect were not known until an MRI
was conducted in April 2011.
2.
Due to the unique and specific medical condition of Mr. Johnson, there is a
substantial and unjustifiable risk that Missouris lethal injection protocol currently
utilized by the Missouri Department of Corrections will affect Mr. Johnson differently
than an average healthy inmate and will cause severe pain and serious harm to Mr.
Johnson. There is a substantial and unjustifiable risk that the lethal injection drugs will
trigger uncontrollable and painful seizures and convulsions due to Mr. Johnsons unique
brain defect and condition that were discovered in April 2011. There is a substantial and
unjustifiable risk that the seizures and convulsions will be severely painful and cause
needless suffering. The current method of execution is sure or very likely to cause
serious and needless pain in light of Mr. Johnsons unique medical condition.
Mr.
Johnson seeks this civil action for declaratory and injunctive relief against all Defendants
for committing acts, under color of state law, that violate the Eighth and Fourteenth
Amendments to the United States Constitution and under 42 U.S.C. 1983.
JURISDICTION AND VENUE
3.
jurisdiction in the district courts of all civil actions arising under the Constitution, laws
and treaties of the United States. Jurisdiction is also conferred by 28 U.S.C. 1343
which provides for original jurisdiction in the district courts over any civil action
authorized by law to redress the deprivation, under color of any State law, statute,
ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the
United States Constitution. Jurisdiction is also conferred under 42 U.S.C. 1983 which
provides for a cause of action for the protection of the rights, privileges or immunities
secured by the United States Constitution. The declaratory and injunctive relief sought is
also authorized by 28 U.S.C. 2201 and 2202.
4.
1391(b)(1)-(2), which provides that any civil action may be brought in a judicial district
in which any defendant resides if all defendants are residents of the State in which the
district is located, or in a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred. Upon information and belief, defendant
Lombardi resides in the territorial jurisdiction of this district. Further, upon information
and belief, decisions regarding Missouris execution protocol were made within this
Courts territorial jurisdiction.
PARTIES
5.
resides at the Potosi Correctional Center in Mineral Point, Missouri. Mr. Johnson has
been sentenced to death. No execution date is pending as of the date of this amended
filing.
6.
Corrections. His office is located at 2729 Plaza Drive, Jefferson City, Missouri. Upon
information and belief, Mr. Lombardi resides within the Western District of Missouri.
7.
As Director for the DOC, Missouri law (Mo. Rev. Stat. 546.720)
specifically directs Defendant Lombardi to prescribe and direct the means by which
executions are carried out within the statutorily prescribed methods of lethal gas or lethal
injection.
8.
Institutions for the Missouri Department of Corrections. His office is also located at
2729 Plaza Drive in Jefferson City, Missouri.
9.
officer and has command-and-control authority over DOC officials, officers and
employees who are involved directly or indirectly with carrying out executions and with
respect to the implementation of the execution protocol.
10.
Diagnostic & Correctional Center (ERDCC) located at 2727 Highway K, Bonne Terre,
Missouri. The State of Missouri currently conducts executions at the ERDCC.
11.
Defendant Steele has authority over the staff at ERDCC and is responsible
for the manner in which the execution is carried out by the staff and execution team at
ERDCC.
12.
All defendants are sued in their official capacities. At all times pertinent to
the matters raised in this Complaint, all defendants acted and will act under color of state
law.
FACTUAL BACKGROUND
Mr. Johnsons Medical Condition
13.
meninges that covers the brain and the spine. A meningioma is typically slow growing.
4
15.
remove a portion of the meningioma. The entire meningioma could not be removed
during the craniotomy. A portion of the tumor remains in Mr. Johnsons brain.
16.
that is still present. The craniotomy procedure also resulted in scarring tissue in Mr.
Johnsons brain. The craniotomy also resulted in a significant brain defect as a portion of
Mr. Johnsons brain has been removed or compressed due to the existence of the tumor
and the craniotomy procedure. This defect is depicted as a dark space or a hole in the
brain.
17.
The brain defect and the scarring tissue that resulted from the craniotomy
procedure were not known until an MRI procedure was conducted in April 2011.
18.
The brain defect is in an area of the brain responsible for the movement and
The remaining portion of the meningioma, the scarring tissue and the brain
defect can create disrupted areas of electrical brain activity that can manifest as a violent
and uncontrollable seizure.
20.
Since the surgical procedure, there are documented instances where Mr.
Johnson has suffered from seizures. The medical records also reference that Mr. Johnson
has been prescribed anti-seizure medications due to his condition. His brain defect,
scarring and tumor cause these seizures.
21.
pentobarbital create a substantial and unjustifiable risk that violent and uncontrollable
5
seizures could be triggered during the execution due to the lethal injection drugs
interaction with the remaining meningioma, scarring tissue and brain defect. There is a
substantial and unjustifiable risk that such violent and uncontrollable seizures will result
in a severely painful execution and serious harm. The use of the current lethal injection
drugs is sure or very likely to cause serious and needless suffering and severe pain in
light of Mr. Johnsons specific and unique medication condition.
22.
protocol as there is a substantial and unjustifiable risk that the execution will result in
violent and uncontrollable seizures that will cause severe pain and serious harm. The
lethal injection drugs are sure or very likely to cause serious and needless suffering and
pain and a prolonged and ineffective execution.
23.
24.
The legal issues surrounding the existence of Mr. Johnsons brain tumor
have not been the subject of any litigation prior to the filing of the current lawsuit.
Missouris Lethal Injection Protocol
25.
of pentobarbital, divided into two syringes, and administered through an IV line into the
execution chamber, where the prisoner is alone and strapped to a gurney. No medical
personnel are close at hand, and the prisoner is monitored remotely from the execution
support room. Although medical personnel insert the IV lines at the outset, the lethal
drug itself is injected by non-medical personnel pushing syringes into the IV line at a predetermined flow rate.
6
26.
the central nervous system, particularly on certain portions of the brain, though it also
tends to depress the functioning of all the bodys tissues.
27.
The procedure itself begins with the insertion of the IV linesone in each
arm (or a central line in the femoral, jugular, or subclavian vein if venous access in the
arms is limited). About 15 to 30 minutes before the lethal drug is injected, a saline
solution, which has historically been colored with methylene blue (or another dye) is
injected into the prisoner to determine if the lines are clear. The gurney is positioned so
medical personnel can remotely observe the prisoners face, directly, or with the aid of a
mirror. Medical personnel monitor the prisoner remotely during the execution.
28.
the IV lines. After the administration of the initial 5 grams of pentobarbital, the nonmedical personnel flush the IV lines with saline and methylene blue. Shortly thereafter,
the execution chambers curtains are closed and medical personnel check the prisoner to
determine if he is deceased.
29.
execution chamber other than the prisoner and no medical personnel are at hand. The
prisoner is monitored only remotely from the execution support room. The members of
the execution team only enter the execution chamber when the curtains are closed to
determine if the prisoner has died. This check is performed after the administration of the
first injection of pentobarbital, and then again if a second injection is needed.
31.
The protocol is
completely silent as to what procedures should be followed in the event the lethal drugs
trigger uncontrollable seizures.
32.
If the execution is halted, and the prisoner remains alive, the State of
Missouri must resume medical care of the prisoner, as it is obligated to do under the
Eighth Amendment and Fourteenth Amendments to the United States Constitution. The
protocol is silent as to this possible scenario.
34.
The brain defects in Mr. Johnson create a substantial and unjustifiable risk
that the execution will not proceed as intended in that there is a substantial and
unjustifiable risk that the lethal injection drugs will trigger violent and uncontrollable
seizures that are extremely painful and will lead to an ineffective and excruciating
execution. The use of the current lethal injection drugs is sure or very likely to cause
serious pain and needless suffering by triggering severely painful and prolonged seizures
and convulsions.
35.
Mr. Johnson during an executionrisks that could cause an excruciating and severely
painful procedure.
8
36.
watching from the execution support room, unable to lend any medical aid to Mr.
Johnson in the event it is constitutionally mandated.
Affidavit of Dr. Joel Zivot
37.
Dr. Zivot has practiced anesthesiology and critical care medicine for 20
years and has personally performed, or supervised, the care of over 40,000 patients. (Ex.
2 at 2).
39.
Dr. Zivot has reviewed the medical records for Ernest Johnson.
40.
Based on his personal examination of Mr. Johnson, Dr. Zivot found that
Mr. Johnson complained of recurring throbbing pain on the right side of his head that is
rated 7 out of 10. Mr. Johnson indicated this pain is worse when standing and better
when lying down. Mr. Johnson complained of balance problems and weakness in the
right leg. (Ex. 2 at 5).
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42.
Johnsons head from a prior cranial surgery. Cranial nerves II through XII were observed
to be intact. (Ex. 2 at 5).
43.
Dr. Zivot observed that Mr. Johnsons right leg was weaker than his left leg
and he had hyper-reflexia on the deep tendon reflexes of his right leg. (Ex. 2 at 5).
44.
Upon his review of the medical records and MRI images for Mr. Johnson,
Dr. Zivot observed a small hole in the top of Mr. Johnsons skull. He also observed a
black region in the brain area that represents missing brain tissue. Dr. Zivot estimates
that the total quantity of the brain defect is 15 to 20%. The brain defect is irreversible.
(Ex. 2 at 6).
45.
Mr. Johnsons brain defect is in the region of the brain responsible for
movement and sensation of the legs. (Ex. 2 at 7). The region of the brain defect
corresponds to Mr. Johnsons complaints and physical observations about leg weakness,
imbalance and hyper-reflexia. (Ex. 2 at 8). The brain defect will not grow back or
improve over time and the associated weakness and imbalance will not improve. (Ex. 2
at 8).
46.
Dr. Zivot compared MRI images from April 15, 2011, to an image taken on
July 9, 2015. The images and the reports indicate that there is no significant change in
the meningioma. This is an expected finding as brain meningiomas tend to grow very
slowly. (Ex. 2 at 9).
47.
Dr. Zivot also observed that Mr. Johnson has a seizure disorder which is a
48.
According to Dr. Zivot, scar tissue in the brain and the brain defect create
disrupted areas of electrical brain activity. These disruptions can manifest as seizures.
(Ex. 2 at 10).
49.
medical records and images, Dr. Zivot opines that the administration of Midazolam and
Pentobarbital have the real and significant potential of promoting a seizure. According to
Dr. Zivot, there is a significant possibility of a drug-induced seizure. (Ex. 2 at 12, 13).
50.
legs which can then spread to the rest of the body and then produce unconsciousness.
The seizure may be self-limiting or could last for a prolonged period of time. Outwardly,
the seizure is striking and an alarming event that is seen as a total body shaking and
straining. During such a seizure, physically restraining a seizing individual is very
difficult and will not result in a resolution of the seizure. Such seizures can result in
significant muscle pain and disorientation. (Ex. 2 at 11).
51.
Based on the condition of Mr. Johnson, which includes his brain tumor,
brain defect and scarring, a significant and unjustifiable risk exists that the execution
drugs will cause Mr. Johnson to suffer uncontrollable seizures during the execution that
will be severely painful and uncontrollable. (Ex. 2 at 14). The pentobarbital lacks the
capacity to reduce pain and is actually known to exaggerate pain or make it worse. (Ex. 2
at 14).
11
Mr. Johnsons Claims are Different from Prior Lethal Injection Litigation
52.
Mr. Johnson brings this lawsuit as a single plaintiff based on his unique
medical condition and the substantial and unjustifiable risks associated with the
administration of lethal injection drugs.
53.
Mr. Johnsons claims are different and distinct from those claims raised in
The United States Supreme Court in Glossip v. Gross, 135 S. Ct. 2726
method by Missouri law is execution by lethal gas. Mo. Rev. Stat. 546.720.1. The
specific type of lethal gas is not further defined by the Missouri statute. The Missouri
12
Department of Corrections thus has discretion to determine which method of lethal gas
could be used under this statutorily-recognized alternative. Missouri law grants specific
powers to the director of the Missouri Department of Corrections to provide a suitable
and efficient room or place and to obtain the necessary appliances for carrying out an
execution by lethal gas. Mo. Rev. Stat. 546.720.1.
57.
that would accommodate the existing Missouri statute. Recently, the State of Oklahoma
passed legislation adopting the use of nitrogen gas which can induce hypoxia as a method
of execution.
mouth or head of the inmate. The use of a nitrogen gas method of execution would not
require a gas chamber or the construction of particular type of facility. The nitrogen gas
procedure could be administered in the same room or facility now utilized by the
Department of Corrections for lethal injection. Thus, the use of a nitrogen gas method of
execution is feasible and readily implementable. The use of nitrogen gas is a known and
available alternative method of execution.
59.
unjustifiable risk of severe pain that currently exists with Missouris current lethal
injection method, as applied to Mr. Johnson, in that the use of lethal gas would not trigger
the uncontrollable seizures and convulsions that would likely be triggered by the
administration of the current drugs used in Missouris lethal injection protocol. The
available literature regarding the nitrogen gas method of execution strongly suggests that
the subject will have no allergic reaction to the gas, will experience a loss of
consciousness, and will suffer no pain. The basis of this analysis is that nitrogen gas is a
commonly occurring gas that is ingested by humans without medical complication.
CLAIM FOR RELIEF
Count I: Infliction of Cruel and Unusual Punishment
60.
Execution by lethal injection poses unique and specific risks to Mr. Johnson
14
62.
lethal injection drugs to Mr. Johnson will trigger severe and uncontrollable seizures and
convulsions due to his brain defect and unique medical condition that will be severely
painful and will cause needless suffering.
63.
lethal injection will result in severe pain. The use of Missouris current lethal injection
protocol is sure or very likely to cause serious and needless pain and suffering by
triggering uncontrollable and violent seizures and convulsions.
64.
The Plaintiff has a life and liberty interest under the Due Process Clause of
the Fourteenth Amendment in not being executed by the State in violation of the Cruel
and Unusual Clause of the Eighth Amendment to the United States Constitution.
65.
The Defendants intended actions as set forth in this Complaint violate the
Cruel and Unusual Clause of the Eighth Amendment to the United States Constitution, as
applied to the States by the Fourteenth Amendment and enforceable through 42 U.S.C.
1983.
66.
representatives and employees will violate Plaintiffs right to be free from cruel and
unusual punishment as guaranteed by the Eighth and Fourteenth Amendments to the
United States Constitution.
irreparable injury. Plaintiff does not have a plain, speedy, and adequate remedy at law
for such an injury. Accordingly, injunctive relief pursuant to 42 U.S.C. 1983 and other
authority is proper.
15
67.
Defendants as to their respective legal rights and duties. Plaintiff contends that as applied
to him, the lethal injection protocol violates his rights as guaranteed by the Eighth and
Fourteenth Amendments to the United States Constitution.
It is anticipated that
specifically alleges that lethal gas is a feasible and available alternative method under
Missouri law that is readily implementable and will significantly reduce the risk of severe
pain and a prolonged and ineffective execution.
Prayer for Relief
69.
Plaintiff also prays for appropriate permanent equitable relief against all
Mr. Johnson also seeks this Courts order under 42 U.S.C. 1988 awarding
16
Respectfully submitted,
GADDY WEIS LLC
BY :
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on August 1, 2016, a true and correct copy
of the foregoing was electronically filed using the CM/ECF system, which sent notice of
the filing to all counsel of record, including the following:
Gregory Goodwin
Missouri Attorney Generals Office
PO Box 899
Jefferson City, MO 65102
Counsel for Defendants
/s/ W. Brian Gaddy
.
Counsel for Plaintiff Johnson
17
2.
Office Address:,
1364 Clifton Road, Atlanta, GA 30322
Telephone: (404) 686-4411
Fax: (888) 980-5928
3.
4.
Citizenship:
American, Canadian
5.
6.
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8.
Licensures / Boards:
-Licentiate, Medical Council of Canada, 1989-present
-License, Controlled Substance, Drug Enforcement Agency, 1995-present
-License, Michigan State Medical Board, 1995-2000
-License, Ohio State Medical Board, 1998-2012
-Fellow, American College of Chest Physicians, 2000-2010
-License, District of Columbia Medical Board, 2005-present
-License, College of Physicians and Surgeons of Manitoba, 2007-2011
-License, Georgia Composite Medical Board, 2010-present
9.
Specialty Boards:
-Fellow, Royal College of Physicians of Canada, 1993-present
-Diplomat, Anesthesiology, American Board of Anesthesiology, 1995-present
-Diplomat, Critical Care Medicine, American Board of Anesthesiology, 1995-present
-Fellow, American College of Chest Physicians, 2000-2010
-Testamur in basic peri-operative trans-esophageal echocardiography, National Board of
Echocardiography, 2010-present
10. Education:
-University of Manitoba, Winnipeg, Manitoba, Canada, 1980-1983
-University of Toronto, Toronto, Ontario, Canada, 1984
-Doctor of Medicine, University of Manitoba, Winnipeg, Manitoba, Canada, 1988
11. Postgraduate Training:
-Rotating Internship, Mount Sinai Hospital, University of Toronto, Department of Post Graduate
Medical Education, Toronto, Canada, 1988-1989
-Residency, Anesthesiology, University of Toronto, Department of Anesthesiology, Dr. David
McKnight, Toronto, Canada, 1989-1993
-Residency, Anesthesiology, Cleveland Clinic Foundation, Department of Anesthesiology, Dr. Armin
Schubert, Cleveland, Ohio, United States, 1993-1994
-Fellowship, Critical Care Medicine, Cleveland Clinic Foundation, Department of Anesthesiology, Dr.
Marc Popovich, Cleveland, Ohio, United States, 1994-1995
-Masters of Bioethics, Emory Center for Ethics, Dr. Toby Schonfeld, program director, 2012-present
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Institutional:
-EUHM Committee on Ethics, 2011-present
-EUHM Pharmacy and Therapeutics Committee 2011-present
-EUHM Executive Critical Care Committee 2010-present
-EUHM CAUTI and CLABSI prevention committee 2010-present
-EUH Executive Pharmacy Committee 2012-present
-EUH Antibiotic Utilization Subcommittee 2012-present
-EUH Resuscitation Committee 2013-present
-EUH Difficult Airway add-hoc group 2013-2014
-EUH Executive Critical Care Committee 2013-present
-Department of Anesthesiology Residency Review Committee2013-present
-EUH/EUHM CTS Quality Committee, 2012-present
ii. Regional:
-Midwestern Anesthesia Resident Conference, 2001-2003
Abstract reviewer
14. Consultantships:
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I created and chaired a joint protocol development group with Critical Care Medicine, Surgery,
Nursing, and Respiratory Therapy with the purpose of improving quality metrics in critical care
medicine. This group accomplished several things including a blood conservation strategy for postoperative cardiac surgery patients, intra-aortic balloon pump removal, DVT and GI prophylaxis and
the beginning of an atrial fibrillation management protocol. I also wrote and helped implement a rapid
extubation protocol for EUH and EUHM cardiac surgery patients.
-Hospital Committee involvement
I was involved in several Emory committees that addressed a broad range of issues, (see 12 c)
-GME involvement, Fellowship Director, Critical Care Medicine, Department of Anesthesiology
I am the fellowship director for critical care medicine. I developed the first joint AnesthesiologyEmergency Medicine critical care medicine fellowship at Emory and I am expanding the number of
fellows who will also be trained to assist in providing over night coverage for airway management at
EUH. Overnight airway coverage has been a project of the EUH emergency airway committee on
which I am a member. My ongoing conflict project has been embraced by Emory Healthcare Office
of Quality and they are also contributing to the funding and management of the project on an
ongoing basis.
21. Community Outreach:
Community Service
International:
-St. Petersburg, Russia, 2002, 2004
Home visits to community members who where unable to travel to see a
physician
Regional:
-Hurricane Katrina Medical Response Team, 2005
-Emory 500 Atlanta Motor Speedway Health Tent Volunteer, 2010
Media
Op-Ed:
-Babys status as human is on trial Op-Ed, Feb. 19, 2010, Winnipeg Free Press, 2010
-Why I am for a moratorium on lethal injections Op-Ed, Dec 15, 2013, USA Today, 2013
-The Slippery Slope from Medicine to Lethal Injection Op-Ed, May 2, 2014 TIME, 2014
Interviews:
Anesthesiology News,2002
-Anesthesiologist Assistants
The Medical Post, 2009
-Waiting for Cardiac Surgery
The Health Report, CJOB 68 AM, Winnipeg, Canada, 2010
-Cardiac Critical Care
-End of Life in the ICU
-VIP syndrome
Inside the Black Box, WREK 91.1 FM, Atlanta, Georgia, 2011
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Other Categories
I give regular lectures on a variety of critical care topics for respiratory therapy including
capnography and paralytics. I lecture students in the Emory critical care NP/PA
program and also regular critical care lectures to the NP/PA practitioners in critical care. I
teach those students how to read chest xrays. I am invited to lecture in the Emory School
of Law on the topic Physician Assisted Suicide.
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th
Sedating the difficult patient 5 Annual Southeastern Critical Care Summit. Emory University, Atlanta,
GA, March 2012
End of Life Care IMPACT 2012 American Academy of Physician Assistants Annual Meeting, Toronto,
Canada, June 2012
Biosimilars, where do we stand? Georgia Bio and the Georgia Association of Healthcare Executives.
September 2012, Atlanta, Georgia
Drug Shortages Visiting Professor, Rutgers Business School, Newark, New Jersey, November 2012.
Deactivating a permanent cardiac device is not physician assisted death, Pro-con debate Webinar,
Society of Critical Care Medicine, November 2012.
Drug shortages: The invisible hand of the Market New Horizons in Anesthesiology, Vail, Colorado,
February 2013
Hey Anesthesia is a compliment, not an insult: the case for protocols New Horizons in Anesthesiology,
Vail, Colorado, February 2013
Pro/Con: Death Panels in End of Life Care New Horizons in Anesthesiology, Vail, Colorado, February
2013
Hockey Violence and Killer Apes: Conflict Management in the Operating Room New Horizons in
Anesthesiology, Vail, Colorado, February 2013
Drug Shortages, a failed market American Society of Anesthesiology Legislative Conference Annual
Meeting, April 2013, Washington, DC
Lethal injection in the death penalty, Georgia Law Society and the Southern Center for Human Rights,
Atlanta, Georgia, July 2014
25. Invitations to National or International Conferences:
University of Richmond Law Review, Allen Chair Symposium,2014,
The Death Penalty in the United States.
Yale Law School, March 2015
Lethal injection
26. Bibliography:
a.
Published and Accepted Research Articles (clinical, basic science, other) in Refereed Journals
Perera ER, Vidic DM, Zivot J. Carinal resection with two high frequency jet ventilation delivery systems.
Canadian Journal of Anesthesia. Jan 1993: 40(1):59-63. PMID: 8425245
Zivot JB, Hoffman WD. Pathological effects of endotoxin. New Horizons. May 1995; 3(2):267-75.
PMID:7583168
Popovich MJ, Lockrem JD, Zivot JB. Nasal bridle revisited: an improvement in the technique to prevent
unintentional removal of small-bore naso-enteric feeding tubes. Critical Care Medicine. March 1996;
24(3):429-31. PMID: 8625630
Kumar K, Zarychanski R, Bell DD, Manji R, Zivot J, Menkis AH, Arora RC; Cardiovascular Health
Research in Manitoba Investigator Group. Impact of 24-hour in-house intensivist on a dedicated cardiac
surgery intensive care unit. Ann Thorac Surg. 2009 Oct;88(4):1153-61.doi: 10.1016/j.athoracsur.
2009.04.070
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Zivot JB. The Case of Samuel Golubchuk, AJOB Volume 10, Issue 3 March 2010, pages 56 57 doi:
10.1080/15265160903681890.
AbdulRazaq A. H. Sokoro, PhD., Joel B. Zivot, , MD, FRCPC, Robert E. Ariano, PharmD, FCCM
"Neuroleptic malignant syndrome versus Serotonin syndrome: the search for a diagnostic tool?" Ann
Pharmacother. 2011 Sep;45(9):e50.doi: 10.1345/aph. 1P787. Epub 2011 Aug 30.
When patient and doctor disagree. Zivot JB, CMAJ 2012,Jan 10;184(1):76-6. doi: 10.1503/cmaj. 1122008
Zivot JB, Anesthesia does not reduce suffering at the end of life, Crit Care Med. 2012 Jul; 40(7):2268-9.
doi: 10.1097/CCM.0b013e31824fc12b.
Zivot JB, The absence of cruelty is not the presence of humanness: physicians and the death penalty in
the United States. Philos Ethics Humanit Med. 2012 Dec 3;7(1):13. doi: 10.1186/1747-5341-7-13.
Mazzeffi, M, Zivot J, Buchman T, Halkos M, In hospital mortality after cardiac surgery: patient
characteristics, timing, and association with postoperative length of intensive care unit and hospital stay.
Ann Thorac Surg. 2014 Apr;97(4):1220-5. doi: 10.1010/j.athoracsur.2013. 10.040. Epub 2013 Dec 21.
Zivot JB, The withdrawal of treatment is still treatment. Can J Anesth 2014;61:Aug 5. [Epub ahead of
print] PMID: 25091296
Zivot J, Lethal injection: the states medicalize execution The University of Richmond Law Review
February 2015 (in press)
b.
Examination Activities:
Committee Member, 2005, National Anesthesiologist Assistant Certification
Examination Development Committee
Question writer, 2005, Critical Care Medicine, National Board of Medical Examiners
c.
Book Chapters:
1
Bojan Paunovic MD, FRCPC , Rizwan Manji MD, PhD, FRCSC , Rakesh Arora MD,
2
3
2
PhD, FRCSC , Johan Strumpher MD, FRCPC , Rohit Singhal MD, FRCSC , Joel Zivot
4
5
MD, FRCPC , and Eric Jacobsohn MBChB, MHPE, FRCPC Diagnosis and
Management of Sepsis and Septic Shock in the Cardiac Surgical Patient. Society of
Cardiovascular Anesthesiology Monograph, March 2010
Zivot, JB, What Are Advance Directives? Critical Care Ethics: A Practice Guide, Third
Ed. Copyright 2014 Society of Critical Care Medicine.
d.
Other Publications:
Zivot J, Hoffman W, Lockrem J, Esfandiari S, Bedocs N, Vignali C, Popovich M. Changes in
gastric intramucosal pH are not predicted by therapeutic changes in conventional hemodynamic
variables for septic surgical patients. Critical Care Medicine. 23(1) Supplement A:107, Jan 1995
February 2015
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Webster J, Thomson V, Zivot J. Excessive endotracheal tube cuff pressures are common but
are not clinically significant. Anesthesiology 87(3 Suppl) A984, 1997
Bloch, MG, Zivot JB. Successful transplantation of liver and kidney allografts from a donor
maintained on veno-arterial extracorporeal membrane oxygenation. Anesthesia and Analgesia,
94(25 Supplement) S104, Feb 2002
Zivot J, Polemenakas A, Aggarwall S, Rowbottom J. Differential lung capnography after single
lung transplant. Critical Care Medicine 30(12) Supplement: A90 December 2002
Voltz D, Zivot J, Changes in the Bispectral Index during Deep Hypothermic Circulatory Arrest.
Society of Critical Care Medicine Annual Meeting, San Francisco, California, January 2003
Ravas R, Zivot J, Blood conservation; Designing a better blood bag, Department of
Anesthesiology, University Hospitals of Cleveland, Case Western Reserve University, Cleveland,
Ohio, Midwestern Anesthesia Resident Conference (MARC), Chicago, Illinois, March 2003
Hacker L, Zivot J Local anesthetic spread for skin infiltration, Department of Anesthesiology,
University Hospitals of Cleveland, Case Western Reserve University, Cleveland, Ohio,
Midwestern Anesthesia Residents Conference, Chicago, Illinois, March 2003
Falk S, Zivot J, Post-operative Sidenafil for pulmonary hypertension following mitral valve repair
th
17 Asia Pacific Conference on Diseases of the Chest, Istanbul, Turkey, August 2003
Aggarwal S, Zivot J, New onset anterior spinal artery syndrome after lumbar drain removal
Department of Anesthesiology, University Hospitals of Cleveland, Case Western Reserve
University, Cleveland, Ohio, Midwestern Anesthesia Residents Conference, Rochester,
Minnesota, March 2004
Stetz J, Zivot J, Dextromethorphan masquerading as phencyclidine
Department of Anesthesiology, University Hospitals of Cleveland, Case
Western Reserve University, Cleveland, Ohio, Midwestern Anesthesia Residents Conference,
Rochester, Minnesota, March 2004
Petelenz K, Zivot J, Bilateral BIS monitoring in unilateral brain injury, Department of
Anesthesiology, University Hospitals of Cleveland, Case Western Reserve University, Cleveland,
Ohio, Midwestern Anesthesia Residents Conference, Chicago, Illinois, March 2005
Arora RC, Zarychynski R, Bell D, Zivot J, Lee J, Kumar K, Zhang L, Menkis A The Manitoba
Model of Post-Operative Cardiac Surgery Intensive Care The Cardiac Sciences Program, St.
Boniface Hospital and the University of Manitoba, Winnipeg, Canada. Toronto Critical Care
Meeting, October 2007
K Kumar, R Zarychanski, DD Bell, J Zivot, J Lee, R Manji, A Menkis, RC Aurora, The Impact of
the Manitoba Model of 24 hour in-house intensivist on a dedicated cardiac surgery ICU Canadian
Cardiovascular Society Annual Meeting, Toronto, Ontario, Canada, October 2008
Fergusson DA, Hbert PC, Mazer CD, Fremes S, MacAdams C, Murkin JM, Teoh K, Duke PC,
Arellano R, Blajchman MA, Bussires JS, Ct D, Karski J, Martineau R, Robblee JA, Rodger M,
Wells G, Clinch J, Pretorius R; BART Investigators. A comparison of aprotinin and lysine
analogues in high-risk cardiac surgery. N Engl J Med. 2008 May 29;358(22):2319-31. Epub 2008
May 14. Erratum in: N Engl J Med. 2010 Sep 23;363(13):1290
M Rivet, S Chartrand, G Henry, ICCS Nurses, RC Aurora, DD Bell, A Menkis, J Zivot, RA Manji,
on the GRACE, GRACE2 Investigators, Bunk Beds in the ICU - Can Two Cardiac Surgery
Patients Occupy One ICU Bed? Canadian Cardiovascular Society Annual Meeting, Toronto,
Ontario, Canada, October 2008
RA Manji, E Jacobsohn, D Bell, RK Singal, J Zivot, A Menkis Delirium and bed management in
the cardiac surgery ICU Canadian Cardiovascular Society Annual Meeting, Edmonton, Alberta,
Canada, October 2009
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