Facts

On Nov. 2, 2004, Kristina Aho checked into the emergency room of defendant Huntington Memorial Hospital complaining of pain and discomfort from her ovarian cyst. The defendant gave her Reglan and Phenergan for nausea and Ativan. Plaintiff checked out five hours later and collided head-on with a pick-up truck inhabited by passenger plaintiff Roberto Pacheco, a 21-year-old gardener. The plaintiff sued defendant for negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant negligently discharged Aho too early under the influence of medication, causing her to cross the center lane of traffic and collide with the truck. A hospital chart taken after the accident showed Aho was alert and coherent. The plaintiff argued that defendant was profiting from its own mistake because it had a lien on any verdict or settlement plaintiff might receive and provided treatment to the other two people in the pickup after the time of the accident.

DEFENDANT'S CONTENTIONS:
The defendant contended that Aho was discharged after a nurse properly assessed her condition by checking her neurological function, mental status, and ability to walk the halls. The medication did not cause Aho to fall asleep at the wheel because the patient had metabolized the medication by the time she was discharged.

Specials in Evidence

$125,000.

Damages

The plaintiff sought damages for medical expenses plus pain and suffering.

Injuries

The plaintiff suffered a fractured hip and broken pelvis.

Result

The jury found in favor of the defense.

Deliberation

two hours

Poll

10-2

Length

eight days