Devin MacKenzie Wilkes v. Merrithew Memorial Hospital et. al
Published: Apr. 3, 1999 | Result Date: Nov. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: C9701873 Verdict – $1,395,000
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Andrew C. Schwartz
(Casper, Meadows, Schwartz & Cook)
Defendant
Robert W. Hodges
(McNamara,Ney,Beatty,Slattery,Borges & Ambacher LLP)
Experts
Plaintiff
John G. Peters Jr.
(technical)
John S. Zil
(medical)
Defendant
Kenneth I. Gottlieb
(medical)
David Bricknell
(technical)
John J. Delionado
(Huton, Andrews & Kurth LLP)
(medical)
Facts
The decedent, Shawn Wilkes, a 28-year-old cook, had been diagnosed as a paranoid schizophrenic. Wilkes was assaulted to death while he was involuntarily committed to "J Ward," a locked psychiatric unit within Merrithew Memorial Hospital, operated by the County of Contra Costa. The decedent had been involuntarily committed to J Ward pursuant to W&I Code Section 5150, when he was beaten by another patient of J Ward who had also been involuntarily committed under Section 5150. Per the defendant, the decedent was removed from life support, four days later. The action was brought by decedent's six-year-old son, by and thourgh his mother, the former spouse of the Shawn Wilkes. The plaintiff made claims for general negligence and medical negligence against Douglas Bray, the on-duty security officer on J Ward, and Dr. Gloria Bentinck the treating physician for both the plaintiff and his assailant. Additionally, the plaintiff alleged numerous claims for the violation of his Federal civil rights under the Federal Civil Rights Act. The plaintiff's claims included allegations that the hospital's doctors and administrators were deliberately indifferent to the civil right of the decedent, that the county failed to properly train its security guards who worked on J Ward, and that the county had ratified the unlawful conduct of those involved in both the care and treatment of the decedent, and those involved in the investigation of the decedent's death. On July 25, 1996, the decedent was beaten and strangled, and remained on life-support for four days until his death. The assailant had recently had his assault precaution level reduced by defendant Bentinck, allowing him to mix with the general J Ward population. Defendant Bray was an on-duty service office who, plaintiff claimed, was at lunch at the time of the assault on the decedent. Immediately after the assault, the State Department of Health Services began an investigation into the decedent's death and a simultaneous Quality Assurance Investigation was undertaken by the hospital. No investigation was undertaken by defendant David Dornaus who was the head of the public service officers who were employed at the hospital defendant Frank Puglisi was the Executive Director of Merrithew Memorial Hospital, and was responsible for the hospital's investigation into the death of the decedent.
Other Information
The jury deliberated for approximately twenty-five hours over a seven day period of time, and returned verdicts against Contra Costa County, Frank Puglisi and David Dornaus. The plaintiff was awarded $175,000 for future loss of love and society of his father, as well as $20,000 for future support. Additionally, $200,000 in punitive damages was awarded against defendant Dornaus, and $1 million in punitive damages was awarded against defendant Frank Puglisi, for a total award of $1,395,000 on plaintiff's claims under the Federal Civil Rights Act. Additionally, the jury returned defense verdicts in favor of defendants Bray and Bentinck on the claims for general negligence, professional negligence, and civil rights litigation. The plaintiff did prevail on several of his civil right claims, and is now entitled to both his costs and attorneys fees. P0ST TRIAL MOTIONS: Per the defendant, motions for judgments notwithstanding the verdict and new trial were heard by Judge Richard Patsey on March 16, 1999. Judge Patsey granted defendant county, Paglisi and Dornaus' motions for new trial on the grounds of jury misconduct during deliberations. The court also granted plaintiffs motion for a partial new trial as to defendants Bray and Bentinck on the issues of civil rights violation leaving in place the defense verdict on issues of general and professional negligence. Notice of Appeal filed by defendants Bray and Bentinck.
Deliberation
25 hours over seven days
Poll
varied
Length
17 days
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