This 2001 case was the first in the nation to hold health care providers accountable for failure to provide adequate pain and symptom management.  Mr. Bergman was an 85-year old man dying of lung cancer.  During a 5 day stay in the hospital, Bergman reported pain at level 7+ on a 10 point scale and the pain was never brought under control. At discharge, Mr. Bergman‘s pain level was a 10 on the 1-10 scale, a medical crisis. Bergman's physician prescribed Demerol to treat his pain, a medication not indicated for cancer pain.

Bergman’s family, represented by Compassion & Choices Legal Director Kathryn Tucker, filed a lawsuit under California’s elder abuse statute. Bergman's attorneys argued that his doctor should have put him on round-the-clock pain medication to keep him comfortable and sedated. The jury found in favor of Bergman, awarding the family $1.5 million for punitive damages.

This case was a landmark victory for the rights of the terminally ill.