Kentucky Trial Court Review The Most Current and Complete Summary of Kentucky Jury Verdicts February 2015 Published in Louisville, Kentucky Since 1997 19 K.T.C.R. 2 Comprehensive Statewide Jury Verdict Coverage Civil Jury Verdicts Complete and timely coverage of civil jury verdicts including circuit, division, presiding judge, parties, case number, attorneys and results. * * *Order the 2014 KTCR Year in Review * * * Now Shipping The KTCR 2014 Year in Review Seventeenth Edition (The first was 1998) Medical Negligence - A catastrophic brain injury at birth was linked to a labor that was overstimulated by excessive dosage of Pitocin – while proceeding to trial against both the hospital and the Ob-Gyn, by the time the case was argued to the jury, the plaintiff argued the hospital was solely at fault – a Glasgow jury so ruled and awarded the plaintiff nearly $20,000,000 in damages, $9,000,797 of that representing the life care plan Hamilton v. T.J. Samson Hospital et al, 11-645 Plaintiff: Tyler S. Thompson, Liz J. Shepherd and Alexandra D. Logsdon, Dolt Thompson Shepherd & Kinney, Louisville, Reed N. Moore, Jr., Tompkinsville and Robert A. Young, English Lucas Priest & Owsley, Bowling Green Defense: Brian K. Pack and H. Jefferson Herbert, Jr., Herbert Herbert & Pack, Glasgow for T. J. Samson Scott P. Whonsetler & Christopher T. Coburn, Whonsetler & Johnson, Louisville for Dirig Verdict: $18,270,052 for plaintiff against T.J. Samson only; Defense verdict on liability for Dirig Court: Barren, J. Patton, 11-25-14 Brittany Hamilton came to T.J. Samson Hospital on 10-9-07 to deliver an at-term baby boy. Her Order the 2014 KTCR Year in Review for $329.00. The 17th edition is here ($348.74 including sales tax for Ky. Residents) See the order form on page 3 or call us toll-free at 1-866-228-2447 to pay by MC/Visa/Amex Order Securely Online at store.juryverdicts.net labor was managed by Dr. Kelly Dirig, Ob-Gyn. Hamilton’s labor was lengthy and that morning hospital nurses gave her repeated Pitocin dosages. The drug stimulates labor. There would be significant fact disputes about who ordered the Pitocin. Dirig cited she had a standing order against large Pitocin doses over 20 milliunits. Here the nurses had given increasing doses of 22, 24 and finally 26 milliunits. Why had they done so? The nurses explained they were following Dirig’s oral orders. Dirig denied any such order. Whether Dirig gave the order or not, the labor continued into the evening. Hamilton was finally delivered that night at 7:20 p.m. The baby (Tristan) was in immediate distress and had suffered a hypoxic birth injury. Hamilton, now age 7, has been left with severe cerebral palsy. He can’t walk or stand and has only limited use of his hands. Hamilton can say just a few words. His condition is permanent. In this lawsuit Hamilton targeted the hospital and Dirig regarding the Pitocin dosage. It was argued the dosages represented a dreaded technique, the so-called “Pit to Distress” (Pit representing Pitocin), a delivery being stimulated by too much Pitocin. This generates a hyperstimulated fetus who has a limited reserve by the time of the actual delivery. It was the plaintiff’s theory that this was exactly what had happened. The excessive Pitocin administration caused excessive contractions and left Hamilton with a limited reserve when he was delivered. The nurses were also blamed for failing to apprise Dirig of the fetal heart rate through the afternoon. Kentucky Trial Court Review February 2015 Table of Contents Verdicts Barren County Medical Negligence - A catastrophic brain injury at birth was linked to a labor that was overstimulated by excessive dosage of Pitocin – while proceeding to trial against both the hospital and the Ob-Gyn, by the time the case was argued to the jury, the plaintiff argued the hospital was solely at fault – a Glasgow jury so ruled and awarded the plaintiff nearly $20,000,000 in damages, $9,000,797 of that representing the life care plan - $18,270,052 p. 1 Federal Court - Lexington Underinsured Motorist - A moderate rear-end crash left the plaintiff with a permanent thoracic outlet syndrome – in this lawsuit she sought UIM coverage – the insurer defended that the plaintiff had sustained only a temporary strain injury – a federal jury awarded the plaintiff $180,000 (the cap in the instructions) for the plaintiff’s pain and suffering - $742,702 p. 4 Warren County Employment Retaliation - A maintenance worker at a Bowling Green amusement park alleged he was fired after opposing the park’s policy of illegally dumping waste water into the nearby Barren River - Defense p. 5 Bad Faith - The plaintiff prevailed at a 2012 UIM case and took an excess $387,750 verdict in a case involving an L-1 fracture – in this lawsuit against the same insurer the plaintiff alleged it had low-balled the case and hired experts to defend it instead of paying – the insurer defended that its defense (focusing on the plaintiff not wearing a seat belt) was reasonable - Defense p. 9 Bullitt County Premises Liability - The plaintiff alleged she was knocked down (sustaining a knee fracture) by a dollar store employee pushing a shopping cart – the store defended that the plaintiff simply tripped over a curb - Defense p. 7 Boone County Employment Retaliation - Two employees at a manufacturing plant alleged they were fired for opposing the sexual harassment of a female co-worker – while both plaintiffs prevailed on liability, the jury rejected an award of damages to one, the other taking lost wages only and nothing for embarrassment and humiliation - $30,000 p. 7 Scott County Auto Negligence - The plaintiff suffered serious injuries and multiple fractures when struck crossing a busy street in Georgetown – the defendant replied that the plaintiff had darted into her path – the jury assessed significant damages but found the plaintiff 90% at fault - $739,202 p. 8 Fayette County Physical Therapy Negligence - The plaintiff complained that over-physical therapy while in recovery for a shoulder surgery led to a new injury and a second surgery - Defense p. 9 Montgomery County Underinsured Motorist - In this unusual case the plaintiff crashed into a vehicle with a trailer in front of him on the interstate that lost control during a tire blow-out – seeing the vehicle in front of him swerving, the plaintiff attempted to make a pass – a collision occurred during the pass – the plaintiff settled with the tortfeasor for $100,000 and thus had to exceed $110,000 floor (with PIP) of coverage - $65,012 p. 10 Jury Verdict Update New trial ordered in a case where a Frankfort jury had earlier awarded the plaintiff medical bills of $15,000 and nothing for pain and suffering p. 11 The Kentucky Trial Court Review 9462 Brownsboro Road, No. 133 Louisville, Kentucky 40241 502-339-8794 or 1-866-228-2447 Online at Juryverdicts.net From Paducah to Pikeville, Covington to London Comprehensive and Timely Kentucky Jury Verdict Coverage Ordering is Easy The Kentucky Trial Court Review The Most Current and Complete Summary of Kentucky Jury Verdicts Call to Place your MasterCard/Visa Order - 1-866-228-2447 The 2014 Year in Review is now shipping Simply select print or PDF version and complete this order form Call us at 1-866-228-2447 to pay by MasterCard/Visa Return with your check to: The Kentucky Trial Court Review At the above address _____________________________ Name _______________________________ Firm Name ___ $299.00 for a one year subscription to the Kentucky Trial Court Review ($316.94 including 6% sales tax for KY residents) ___ $309.00 to order the 2014 KTCR year in Review (17th edition) ($327.54 including 6% sales tax for KY residents) ____ Print Version ____ PDF Version Your E-Mail _____________________________ _____________________________ Address _____________________________ City, State, Zip