Patient claimed lack of monitoring resulted in rape – Defense Verdict

Plaintiff filed a law­suit against defen­dant mental health hospital seeking over $30 million in dam­ages. She alleged that it had failed to pre­vent her alleged rape by another patient. She sued for violation of the Virginia Con­sumer Protection Act, general negligence, medical malpractice and punitive damages.

The VCPA claim was dismissed on a motion for summary judgment two days before trial. Evidence regarding the re­maining counts was presented over the course of a five-day jury trial. On day three, the court dismissed the gener­al negligence and punitive damages claims on a motion to strike. The med­ical malpractice claim went to the jury.

The case involved patients in the mil­itary unit of the hospital. Plaintiff ar­gued that a failure to conduct 15-min­ute checks properly resulted in a fellow patient getting into her room and sexual­ly assaulting her. De­fendant argued that its staff had complied with the standard of care in its monitoring and treatment. Fur­ther, it argued that plaintiff had formed a relationship with the male patient and snuck him into her room. When she realized she had been caught, she was worried she would get into trouble with her husband and her command under the Uniform Code of Military Justice. Therefore, she claimed she had been raped.

The case was tried in Petersburg Cir­cuit Court from July 25-29, 2016. After less than 45 minutes of deliberation, the jury returned a verdict in favor of the defendant.

[16-T-128]

Type of action: Medical Malpractice
Injuries alleged: Plaintiff alleged physical and emotional injuries and lost past and future income. Plaintiff also sought attorney’s fees and treble damages through her VCPA claim.
Name of case: Confidential
Court: Petersburg Circuit Court
Case no.: Confidential
Tried before: Jury
Name of judge: Hon. Joseph M. Teefey Jr.
Date resolved: July 29, 2016
Special damages: $527,000.00 in lost wages and mental health care bills.
Demand: $30,650,000.00
Verdict or settlement: Defense Verdict
Amount: $0
Attorneys for defendant: Jodi B. Simopoulos and Thomas F. Hancock IV, Glen Allen
Plaintiff’s experts: H. Chip Walls (toxicologist), Lisa E. Gaulard, RN, Peder K. Melberg (vocational expert), Gary W. Baum, MBA, Jeffrey Schlichter, PhD (psychologist)
Defendant’s experts: Heather A. Borek, M.D. (toxicologist), Sarah S. Saoud, RN, Kehill Sheorn, M.D. (psychiatrist)