$______ VERDICT - MEDICAL MALPRACTICE - INFECTIOUS DISEASE SPECIALIST NEGLIGENCE - FAILURE TO ORDER IMAGINING STUDY WHEN ELDERLY PATIENT IS ADMITTED WITH RECENT HISTORY OF BACTERIAL INFECTION, NECK PAIN, AND. ONSET OF URINARY RETENTION - QUADRIPLEGIA.

• Pages: 3-4

death and survival statutes. The defendants denied all allegations of

negligence and maintained that the decedent was treated in accor-

dance with standards of care. In addition, the defendants argued that

the decedent refused medical treatment when the defendants at-

tempted to administer care.

The jury found that the estate was entitled to $2 million for the pain and

suffering the decedent experienced before her death and $750,000 for

the “enjoyment of life” she lost. The jurors apportioned responsibility for

the decedent’s death at 90% against Naphcare and 10% against Spo-

kane County. The jury was instructed on punitive damages and awarded

$24,000,000 for a total verdict of $26,750,000.

REFERENCE

Defendant’s expert: Craig Pepin from Seattle, WA.

The Estate of Cindy Lou Hill, by and through its personal representative,

Joseph A. Grube vs. NaphCare, Inc., an Alabama corporation and Spo-

kane County, a political subdivision of the State of Washington. Case no.

20-CV-00410; Judge Mary Dimke, 07-27-22.

Attorney for plaintiff: Edwin Budge of Budge & Heipt, PLLC in Seattle,

WA. Attorney for defendant: John Justice of Law, Lyman, Daniel,

Kamerrer & Bogdanovich, P.S. in Tumwater, WA. Attorney for defendant:

Christopher Quirk of Sands Anderson, PC in Richmond, VA. Attorney for

defendant: Ketia Wick of Fain Anderson VanDerhoef Rosendahl

O’Halloran Spillane, PLLC in Seattle, WA.

COMMENTARY

The defense attempted to argue that the decedent’s presentation and clinical course were

very atypical. They presented expert testimony from a board certified gastroenterologist

who opined that patients with rupturing intestines clinically are in severe distress with ab-

normal vitals. The defense argued that the decedent appeared well during her exams and

vitals were unremarkable. The plaintiff, however, presented witness testimony that the de-

cedent was screaming out in pain, had removed her top and was curled up in the fetal posi-

tion on the floor in agony. The decedent’s cellmate attempted to get the defendants to

consider a ruptured appendix given the condition of the decedent.

The plaintiff was able to establish that there had been 8 inmate deaths at the jail since the

defendant company took over providing medical services for the jail. In pretrial motions

and orders The Court found that the defendant Spokane County destroyed more than 6

hours of surveillance video of the hallway outside the medical housing unit with an intent

to avoid its litigation obligations. These factors likely led to the large verdict handed down

by the jury.

$11,000,000 VERDICT – MEDICAL MALPRACTICE –

INFECTIOUS DISEASE SPECIALIST NEGLIGENCE –

FAILURE TO ORDER IMAGINING STUDY WHEN

ELDERLY PATIENT IS ADMITTED WITH RECENT

HISTORY OF BACTERIAL INFECTION, NECK PAIN, AND

ONSET OF URINARY RETENTION – QUADRIPLEGIA.

New York County, NY

This was a medical malpractice action involving an 84-year-old

patient in which the plaintiff contended that the defendant infectious

disease consulting physician negligently failed to order or

recommend a timely MRI when worsening symptoms of neck pain

and weakness were present, and a finding of a blood born bacterial

infection was previously noted at a non-party hospital’s E.R. several

weeks earlier. The plaintiff maintained that the worsening of

symptoms prior to and during his admission and the onset of

urinary retention should have alerted the defendant to realize that

an infectious disease process was ongoing and that and that an MRI

at that time would have disclosed a cervical spinal abscess, allowing

for emergency surgery. The plaintiff asserted that the abscess

SUMMARIES WITH TRIAL ANALYSIS 3

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