Facts

Claimant, an unmarried homosexual male, entered the Respondent hospital to recover from an illness. Claimant alleges that, on his second night in the facility another male patient sexual assaulted him in his room.

CLAIMANT'S CONTENTIONS: Claimant claimed that respondent facility was negligent due to failing to supervise him overnight and by failing to enforce their bed check policy to ensure patients were safe and secure in their rooms overnight; claimant also alleged that the respondent facility failed to protect him from his alleged assailant.

RESPONDENT'S CONTENTIONS: Respondent contended that their supervision was reasonable, that they did conduct appropriate bed checks and that if the perpetrator was present in claimant's room, he was hiding, and that if there was any incident, it was consensual.

Settlement Discussions

The parties participated in two mediation sessions. The matter settled following the second mediation, one week before arbitration was to commence.

Damages

All general damages including severe emotional distress and PTSD; exacerbation of pre-existing emotional distress.

Injuries

Plaintiff suffered physical laceration on his anus. Plaintiff also suffered severe emotional distress and Post Traumatic Stress Disorder. Claimant had pre-existing PTSD from childhood sexual abuse.

Result

The case settled for $3.4 million.

Other Information

The matter was in arbitration and settled a week before the arbitration was scheduled to start.