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CONFIDENTIAL

Mar. 1, 2001

Torts
Civil Rights
Medical Malpractice

Confidential

Verdict –  $1,500,000

Judge

Lawrence K. Karlton

Court

USDC Eastern


Attorneys

Plaintiff

Christopher T. Cody

Richard A. Seltzer


Defendant

Robert C. Cross

Constance L. Picciano


Experts

Plaintiff

Steven H. Fugaro
(medical)

Defendant

Douglas E. Tucker
(medical)

Ingrid Kwee
(medical)

Facts

Mark Holton was a prisoner at a State of California prison located in Vacaville known as the California Medical
Facility. In June 1998, Holton was a patient in the prison hospital, having been discharged from Vaca Valley
Hospital, following a serious suicide attempt. While in the prison hospital, he developed symptoms consistent
with Neuroleptic Malignant Syndrome (NMS).
Holton died two days after being transferred out of the prison hospital, back to Vaca Valley Hospital. At the
time of trial, the plaintiffs in the case were Mark HoltonÆs mother, Amanda Holton, and the Estate of Mark
Holton. At the time of trial, the sole defendant was the defendant doctor, a staff physician at the prison
hospital. He was HoltonÆs treating physician during two days of the relevant time period.

Settlement Discussions

The plaintiff demanded $250,000. The defendant offered $150,000.

Other Information

The jury returned a verdict for the plaintiffs finding that the defendant doctor acted with deliberate indifference to the decedentÆs serious medical needs in violation of his Eighth Amendment rights, and Amanda HoltonÆs Fourteenth Amendment rights, as well as committing medical malpractice.

Deliberation

seven hours

Length

six days


#106991

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