Melissa Stewart v. Mission Hospital
Published: Dec. 3, 2011 | Result Date: Oct. 7, 2011 | Filing Date: Jan. 1, 1900 |Case number: 30-2010-00352284-CU-PO-CJC Verdict – $340,000
Court
Orange Superior
Attorneys
Plaintiff
Robert A. Kahn
(Kahn Roven LLP)
Defendant
Experts
Plaintiff
Roy L. Herndon
(medical)
Todd S. Zorick
(medical)
Barbara Luna
(technical)
Defendant
David J. Weiner M.B.A., AM
(technical)
Daniel Auerbach
(medical)
Facts
Melissa Stewart called the Orange County Sheriff's Dept. shortly after midnight and informed them that her husband, John Stewart, was highly intoxicated and suicidal and has been held up in his office for the past five days. Her husband was transported to Mission Hospital in Laguna Beach, where he was admitted and placed in involuntary hold. He was placed in a room by himself. At approximately 3:30 a.m., he was found dead from an apparent hanging.
Stewart sued Mission Hospital for wrongful death and medical malpractice in the hospital's failure to prevent her husband's suicide. The hospital admitted liability, and the matter proceeded to trial on damages. Stewart's daughter also sued for noneconomic damages.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that hospital staff members failed to take certain precaution following her husband's admittance and violated rules under Health and Safety Code Section 5150 procedures. She further contended that her husband should not have been placed in a room by himself, and should have been monitored at all times or secured to his bed with straps. She contended that the staff's inattentiveness contributed to his suicide.
Damages
Stewart sought approximately $2.5 million for past and future loss of her husband's support and household services. The hospital claimed that Stewart's claim was excessive given that the decedent had a long history of bipolar disorder and had a history of severe and chronic alcohol abuse.
Result
The hospital tendered its $250,000 maximum noneconomic damages amount to Stewart and her daughter. Each plaintiff separately arbitrated their dispute as to noneconomic pain and suffering damages. The wife was awarded $150,000 in pain and suffering, while the daughter was awarded $100,000. The jury awarded Stewart $340,400 in damages for past and future loss of support and household services.
Deliberation
2.5 hours
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390