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Hospital could have prevented patient's murder


Verdict Amount:
$5,260,000

Venue: Los Angeles County, California

Plaintiffs: Joseph Camacho and Estate of Dean Camacho

Defendants: Angela Guzman; Adnan Elias Khoury, M.D.; Pacifica of the Valley Corp.; Dharmapalan Vyravi Pillai, M.D.; Los Angeles County Department of Mental Health; Los Angeles County Office of the Public Guardian

Insurer: American International Group Inc. for Pacifica of the Valley Corp.

Demand: $488,000

Offer: $175,000

Forty-eight-year-old Dean Camacho was stabbed to death by his roommate, Jerry Romansky, at Pacifica Hospital of the Valley in Sun Valley, Calif., on June 26, 2011. Romansky had been diagnosed as a paranoid schizophrenic with bipolar disorder and had a long history of aggressive, violent behavior. The prior year he had kicked out a window in a police vehicle and was admitted to the acute care facility on a 5150, indicating that he was a danger to himself and others.

Previously, Romansky had tried to choke a patient with a towel and Pacifica's records indicated that he was “extremely violent and unpredictable in his moods and behavior.” He had been admitted to the hospital on June 19, 2011 on another 5150 hold and the day before he was scheduled to be released, stabbed Camacho over 20 times with a blunt toilet bracket while they were in their shared bathroom, leaving him nearly decapitated. Camacho died at the scene.

His father, Joseph Camacho, sued the operator of Pacifica Hospital of the Valley, Pacifica of the Valley Corp., alleging that Pacifica's actions constituted dependent adult care abuse, resulting in the wrongful death of his son. The Los Angeles County Department of Mental Health, the Los Angeles County Office of the Public Guardian and the Deputy Public Conservator/Administrator for the Los Angeles County Office of the Public Guardian, Angela Guzman, were also initially named as defendants. However, the Department of Mental Health was let out of the case, and Guzman and the Office of the Public Guardian were ultimately let out on summary judgment. Two of the decedent's treating doctors were later substituted in for “Doe” defendants, but they settled out of the case prior to trial. Thus, the matter proceeded to trial against Pacifica of the Valley only.

Plaintiff's counsel contended that Romansky's physicians had noted that he presented a danger to himself and others, and that he had suicidal and homicidal tendencies. In addition, he was hearing voices “telling him to hurt others” and Pacifica failed to direct staff to monitor him at appropriate intervals. Instead he was given the lowest level of supervision and left unmonitored for 30 minutes at a time. Counsel argued that Pacifica completely disregarded Camacho's and Romansky's safety and failed to adhere to policies and procedures that were specifically designed to ensure patients' safety.

Pacifica's counsel argued that Romansky's physicians agreed that he was improving and were debating whether or not to discharge him. They also contended that the bracket in the bathroom had been inspected by accrediting agencies and the state of California, and no one considered the item to be dangerous.

The jury returned a unanimous verdict against Pacifica of the Valley Corp., finding them 100% liable for Camacho's wrongful death. They determined that Pacifica should pay the plaintiff compensatory damages, including funeral and burial expenses, totaling $2.26 million. Since they found that Pacifica acted with malice or oppression, they also considered punitive damages, awarding Camacho's father $3 million in punitive damages against Pacifica for a total recovery of $5.26 million. Pacifica's counsel moved for a new trial and is contemplating an appeal.

Source: VerdictSearch, a division of ALM Media LLC. Visit www.verdictsearch.com for more details. 

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