Circuit Court Judge Clifton Drake has penciled in May 4 as the date on which the trial of former Gulf Breeze plastic surgeon Dr. Ben Brown, accused of manslaughter in the death of his wife, gets underway.
The date is still subject to change, but Drake said he believed May was far enough out that arrangements could be made to accommodate a full week of trial testimony.
At a docket hearing held Oct. 14 at the Santa Rosa County Courthouse, Brown’s attorney, Mark O’Mara, also requested that Drake grant his motion to allow Brown who was not present at the hearing, to sit in on depositions of some of the witnesses the prosecution intends to call at trial.
Prosecutor Mark Alderman objected to the request.
Drake said he would hear from both sides before deciding whether to grant or deny the motion, which was filed Sept. 24. That hearing will be held prior to the next status conference in the case, which was set for March.
Brown was arrested June 17, 2024. He stands accused of manslaughter by culpable negligence, a charge stemming from the November 2023 death of his wife, 33-year-old Hillary Ellington Brown.
Hillary Brown went into cardiac arrest as Brown was performing several procedures on her in his office, Restore Plastic Surgery, in the Tiger Point area of Gulf Breeze.
She never regained consciousness and died a week later when her family made the decision to take her off life support.
The Medical Examiner’s Office for the First Judicial Circuit of Florida found Hillary Brown died due to “complications following lidocaine toxicity.”
The charges state the doctor did not have life-saving equipment available in his office when Hillary’s heart stopped and that he failed to follow medical protocol when administering sedatives, like lidocaine, which ultimately led to her death.
Charges also state that Brown waited to call 911 after she became unresponsive in his surgical chair and held off for an estimated 10 to 20 minutes before initiating CPR.
Three women who were working at the clinic on the day Hillary Brown experienced cardiac arrest testified regarding the delay at a recent administrative hearing at which the Florida Department of Health argued to further extend sanctions against Brown. The hearing is separate from his criminal charge.
Brown testified extensively at the administrative hearing, defending his competence as a plastic surgeon and the steps he had taken to prevent harm from coming to his wife. He denied having waited too long to call 911.
The motion to allow him to sit through depositions of medical professionals scheduled to testify at his trial states Brown will be able to offer his medical expertise to the attorneys conducting the questioning of potential witnesses.
“There are several depositions, including the medical examiner, Dr. Deanna Oleske, and the treating physicians at the hospital, during which certain medical facts and certain opinions regarding the cause of death and related issues to this case will be discussed,” the motion states.
Brown, “with his medical training and experience, and his particular knowledge of the events surrounding the tragedy” can offer assistance to his legal counsel during the deposition, the motion said.
The motion states that because the depositions are scheduled to be held via Zoom, Brown will not be present in the room when they take place. It said the doctor has agreed not to speak to witnesses and will address only his legal counsel.
“There is no concern whatsoever of any intimidation of any of the medical experts in this matter,” the motion states.
The criminal case against Brown is inching forward as two other legal claims against him also grind slowly along.
The Florida Department of Health, which placed emergency restrictions on Brown in May of 2024, has petitioned the state’s Division of Administrative Hearings to recommend he face further penalties that could include the permanent revocation or a suspension of his license.
Brown could also face further restrictions on his practice, administrative fines, or probation.
The administrative hearing in that matter wrapped up Sept. 18 and attorneys for the Health Department and for Brown were to file statements to Yolanda Green, the judge overseeing the case, who would then file a final summary to the Florida Board of Medicine, which would make the final determination regarding Brown’s license.
On Oct. 10 two sides in a civil suit filed against Brown, Baptist Hospital, Restore Plastic Surgery, North Florida Surgeons, North Florida Surgeons and Pensacola Plastic Surgery on behalf of Wendy Carden and her husband failed for the second time to reach a mediated settlement.
That case, in which the Cardens seek damages for injuries and ailments sustained by Wendy Carden and caused by the negligence of Brown, was filed in 2022 and continues rolling toward a Dec. 1 court date.
This article originally appeared on Pensacola News Journal: Trial date set for Gulf Breeze plastic surgeon Ben Brown on manslaughter charge
Reporting by Tom McLaughlin, Pensacola News Journal / Pensacola News Journal
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