ALABAMA SUPREME COURT AFFIRMS WRONGFUL DEATH VERDICT, 8 TO 1
Sep 28, 2012
Mobile, Ala. - On September 28, 2012, the Alabama Supreme Court affirmed
a $4 million wrongful death judgment in the case of Hall v. Coastal Anesthesia, P.C.
Paulett Hall, a 32-year-old wife and mother of two children, died on January
16, 2006, after exploratory surgery at Springhill Memorial Hospital in
Mobile. She presented to the anesthesia care team before surgery with
ten risk factors for pulmonary aspiration. The trial evidence revealed
that these risk factors were ignored by Coastal Anesthesia's doctor
and certified registered nurse anesthetist, because neither completed
a thorough pre-anesthesia assessment. Despite Ms. Hall's continuing
abdominal problems and gastrointestinal issues, neither the anesthesiologist
nor the nurse anesthetist conducted an abdominal physical assessment,
asked her about her medical history, or took the time to evaluate her
medical records. As a consequence, a routine intubation procedure was
used instead of the required rapid sequence induction. Mrs. Hall aspirated
bile into her lungs during the anesthesia induction, and she died a few
hours later.
The case was tried in Mobile County Circuit Court (Case No. 07-901577)
before Judge Robert Smith. The jury returned a verdict in the amount of
$20 million in favor of the family of Mrs. Hall and against the Defendants.
Judge Smith reduced the verdict to $4 million during post-trial motions.
The Alabama Supreme Court, on Friday, affirmed Judge Smith's ruling,
including the amount of the judgment, by a vote of 8 to 1.
The Alabama Supreme Court agreed with Judge Smith's rulings and his
analysis of the post-trial issues. Of particular interest, the Defendants
had argued that there was only $1,000,000 in available liability insurance
and that the verdict should be reduced accordingly. However, the trial
judge concluded that the Defendants' insurance company, MAG Mutual,
was afforded the opportunity to settle the Plaintiffs' claims for
an amount within the insurance policy limits before the trial, but rejected
those overtures on multiple occasions; choosing instead to unreasonably
risk the Defendants assets on the jury's verdict even though the verdict
was predictably well in excess of the available coverage. The Alabama
Supreme Court held that Judge Smith acted properly in reducing the verdict
to $4,000,000, and that he was proper in considering the doctor and nurse's
potential lawsuit against their own insurance company for refusing to
settle before the trial. "It is unfortunate that the Defendants'
insurance company forced all of the parties through a difficult and expensive
trial. The evidence was clear that there was a breach of the standard
of care, which led to Mrs. Hall's death. The Defendants and their
experts admitted to breaches of the standard of care, and there was no
reason for the insurance company to refuse to settle this case in a timely
manner. As a result of the insurance company's decision, its doctors
and nurse anesthetists now have a judgment against them which is four
times greater than the available coverage and four times greater than
that amount we offered to settle this case for before trial. All of this,
from the treatment of Ms. Hall to the way the settlement negotiations
were handled could so easily have been avoided. We are gratified that
the Alabama Supreme Court agreed that Judge Smith handled this case properly,"
stated David Cain, counsel to the Plaintiff and a partner with Cunningham
Bounds, LLC.
According to State law, all human life is priceless and thus not compensable.
Accordingly, wrongful death damages in Alabama are entirely punitive.
Damages in a wrongful death case should be of such an amount to reflect
the enormity of the wrong committed while likewise protecting and preserving
the public at large, by deterring similar wrongs in the future. In the
opinion, authored by Justice Shaw, the Alabama Supreme Court held that
Alabama's wrongful death statute is constitutional. The Court reaffirmed
that Alabama's wrongful death statute awards only punitive damages
based on "the Divine concept that all human life is precious."