Miller continued with the abortion while Erna choked to death on her own vomit. When an ambulance crew arrived, they found Erna's airway still full of vomit. Miller was making no attempt at resuscitation, but was holding Erna in his arms. He justified failing to check her airway or provide her with oxygen by saying, "Since I didn't realize what was going on, I didn't think it would have made any difference."
Miller later admitted that he had given Erna pain medications that he knew could cause vomiting, and that he hadn't asked her when she had last eaten.
Miller settled out-of-court with Erna's family for $475,000.
Miller had already settled six malpractice cases in the Kansas City area. He had failed the Missouri state medical exam three times before finally giving up. It took nine tries for him to pass the exam to be licensed in Kansas.
Newly added source:
- "Doctor has high number of settlements," Manhattan Mercury, June 4, 1990
