A San Francisco surgeon facing up to eight years in prison stemming from a 2006 failed organ transplant was found not guilty of dependent-adult abuse Thursday by a San Luis Obispo County Superior Court jury.

Many in the small courtroom erupted into loud applause, while the patient’s mother began quietly crying, after hearing the verdict for Dr. Hootan Roozrokh, 34.

“I’m pleased with the verdict,” a smiling Roozrokh said, adding he had an “amazing legal team” and overwhelming support from his wife, family and friends.

Roozrokh was charged with the single felony for prescribing large amounts of Ativan and morphine for Ruben Navarro, 26, at Sierra Vista Regional Medical Center during the attempted organ transplant.

Asked if the case made him rethink his career choice — Roozrokh has spent half his life preparing to become a surgeon — he smiled again and said, “not for a moment.”

Roozrokh also said he “had no doubts” he kept Navarro from suffering by prescribing the sedatives and pain killers for the dying man, who was being kept alive on a ventilator prior to the attempted transplant.

The prosecution alleged that late Feb. 3, 2006, Roozrokh prescribed 40 mg of Ativan and 200 mg morphine within an hour for Navarro in an attempt to speed up the man’s death to procure his organs.

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Human organs are only viable for harvesting between 30 minutes and one hour after a person dies. Navarro’s organs were never harvested because he didn’t die within the allotted time after his breathing tube was removed in the operating room.

Navarro died Feb. 4 in the intensive care unit about eight hours after being removed from life support.

Jurors on the high-profile case — the first of its kind in the nation — deliberated for 2Ý days before reaching their unanimous verdict that was read just after noon Thursday.

The foreman and other jurors declined to comment as they left the San Luis Obispo Veterans Memorial Building, where the six-week trial was heard. However, the group provided a handwritten statement to the court that was read out loud after the verdict announcement.

“We, the jury, would like to thank the family of Ruben Navarro and especially Ruben for bringing to light the issues brought forth in this matter,” the statement reads. “Refining the nationwide protocol of donation after cardiac death organ procurements will be an important part of Ruben’s legacy and for that we pay him our respect and owe him our thanks.”

Navarro’s mother, who quickly left the courtroom with the prosecution team, declined to comment, and prosecutor Karen Gray said simply, “I respect the verdict of the jury.”

M. Gerald Schwartzbach, Roozrokh’s attorney, was also pleased with the jury’s not-guilty verdict: “I believe this is the most important case I have ever tried in my career because of the implications to organ donations.”

“I hope people will get back on the donor list,” he added. “Doctors don’t kill people to get their organs. This was a very sad event, but people need not fear.”

Roozrokh faced a maximum sentence of eight years in state prison had he been convicted, but his legal fight is not over. He’s also been named in a civil suit filed by Navarro’s mother.

“We still have work to do,” Schwartzbach said, referring to the civil case. “We will fight it. We won’t pay one penny.”

“This is just the first chapter in a very long book,” Roozrokh added after Thursday’s verdict.

December 19, 2008