Jay Caulfield v. Kitsap County
Published: May 20, 2000 | Result Date: Jan. 21, 2000 | Filing Date: Jan. 1, 1900 |Case number: 982019150 Verdict – $2,626,000
Judge
Court
Kitsap Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David T. Rollins
(technical)
Sabine Von Preyss
(medical)
Jon R. Conte
(technical)
Facts
Plaintiff, age 56, a former truck driver, suffered from multiple sclerosis. Although afflicted with multiple sclerosis, plaintiff could stand for periods of time, feed, groom, and assist in dressing himself. Plaintiff was authorized to receive benefits from DSHS and Kitsap County under the COPES program. DSHS and Kitsap County approved a care provider, defendant James Sellars, to provide 24 hour care for plaintiff. Although each government entity was required to monitor the caregiving situation concerning plaintiff on a periodic basis, DSHS and Kitsap County failed to do so. In October 1995, a DSHS social worker acknowledged that the caregiving situation for plaintiff was extremely troubling, including the fact that plaintiff was beginning to hallucinate, his "skin looked bad" and he was having severe problems with his caregiver. Nonetheless, the DSHS caseworker did nothing to look into the problem. Later that week, DSHS careworker passed off plaintiff's case file to a social worker with Kitsap County, telling the Kitsap County caseworker that plaintiff's condition required "immediate attention." Plaintiff's temperature was escalating, he was not being moved or bathed and he was developing gaping bed sores which cut to the bone and caused severe delusions and hallucinations. On Nov. 2, 1995, plaintiff was rushed to the emergency room with a temperature of 105.8, 2 Class IV bed sores (the most severe stage) that cut straight to his spine, green semi-solid urine draining from his catheter and a resting pulse of over 160. He was markedly febrile. Plaintiff was hospitalized for 28 days, could not feed himself for over two years and was fed by a tube placed into his stomach. Plaintiff can no longer ambulate in any manner whatsoever, can only move two fingers and must be moved every two hours of the day by two nursing assistants. All of these deficits are attributable to the period of severe neglect he was subjected to in the fall of 1995. Plaintiff has no prospects of walking or standing again and, as a result of these injuries, required surgery to severe the tendons in his legs and arms so that he can simply sit in a wheelchair without contractures.
Settlement Discussions
Before trial, the plaintiff reached a settlement with DSHS for $110,000. Defendant Kitsap County offered $5,000. The plaintiff told Kitsap County that he would settle for $250,000 and that the offer would be in place until the first day of trial. Prior to trial, Kitsap County never responded. Immediately prior to closing arguments, Kitsap County finally offered to settle for $250,000. The plaintiff refused. Two days later, the jury awarded $2.6 million.
Other Information
On March 10, 2000, the court denied Kitsap County's request to overturn the verdict and denied Kitsap County's motion for a new trial.
Deliberation
two days
Length
eight days
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