Oxygen-Device Provider Faces Lawsuit Over Customer's Death
Having lungs filled with liquid that made them "congested and edematous (i.e. swollen)" contributed to LeQuon Marquis Vernor's death by complications of obstructive sleep apnea. According to a lawsuit, it was also completely avoidable. The trial is scheduled to begin on March 17, 2025.
Lincare Inc. is the largest oxygen-device provider in the country, with revenue of $2.4 billion per year. The company faces accusations of negligence due to its slow response in replacing a critical medical device, which cost a young man his life. Lincare insists they did nothing wrong and that if anyone is to blame, it's the Washington University of St. Louis medical program, which is also named as a defendant.
When Breathing Isn't Easy
According to the lawsuit filed by Vernor's mother, Lequon had Down's Syndrome and suffered from sleep apnea as well. This was exacerbated by his obesity and he depended on 10 to 12 hours per day of breathing assistance through his bilevel positive airway pressure (BiPAP) machine. This was especially important at night, as sleep positions can increase the dangers caused by sleep apnea.
Lequon's BiPAP began making uncharacteristic noises on Sept. 11, 2020. His mother contacted the local Lincare office to report the issue and secure a replacement. Due to the age of the BiPAP, she was informed by Lincare that Lequon was eligible for a replacement. However, Lincare required a new order from Lequon's doctor at Washington University before they could supply one, citing billing protocols.
The account notes state that the representative said they would have a company respiratory specialist contact Vernor's mother to work on solutions until a replacement machine could be provided. This never occurred. Lincare allegedly did not offer a loaner machine in the meantime, something industry experts say is standard operating procedure for most oxygen-supply companies.
Lincare did not contact the Vernors again until Friday morning, Sept. 18, to alert them that a Lincare nurse would be by later that day with the new BiPAP machine. When Vernor's mother checked on her son in the early afternoon, she found him cold and unresponsive. Emergency medical personnel responding to the 9-1-1 call arrived before Lincare's nurse, but it was too late. LeQuon Marquis Vernor had died.
Sharon Vernor filed a wrongful death suit against Lincare and Washington University in 2022 for the death of her son. Judges have denied the defendants' motions to dismiss and change of venue.
Pointing the Finger
While Lincare has claimed they aren't at fault, the company is no stranger to being a defendant in a court of law. In 2024, as part of a $25 million settlement with the Justice Department, Lincare admitted it had committed fraudulent billing practices.
In response to the Vernor accusations, the company says it followed its usual business practices. Lincare claimed the delay in replacing Vernor's life-saving medical device was caused by Washington University not supplying the necessary order until Sept. 17. Records show that it was approved by Washington University on Sept. 15 but not sent to Lincare until Sept. 17.
A System on Life Support
Lincare's intent on having the case play out in court is somewhat unusual, as settlements are common in these types of cases. There is a lot on the line for the company, with the court agreeing on March 5 to allow punitive relief to be sought.
The lawsuit questions Lincare's claim that they can't issue a new machine without a doctor's order. The Centers for Medicare and Medicaid Services is unable to comment on the situation due to a pause order on all public communications imposed by the Trump administration.
Lincare's policy of not having loaner BiPAPs available and their system for replacements may make excellent financial sense. What a jury thinks about it is yet to be seen.
Related Resources
- Medicare Overview (FindLaw's Medicare and Medicaid Law)
- Defective Medical Device Laws (FindLaw's Product Liability Law)
- Proving Fault in a Product Liability Case (FindLaw's Learn About the Law)
