Taylor & Ring Secures $35 Million Verdict Against Dignity Health in ICU Rape Case – Legal Reader

Jury finds hospital liable after affected person was raped by former nurse Gregory Harms whereas incapacitated in ICU at Methodist Hospital of Sacramento.

Sacramento, Calif. – Attorneys John C. Taylor and Natalie Weatherford of Taylor & Ring, a California-based plaintiffs’ trial legislation agency, secured a $35 million verdict towards Dignity Well being on behalf of former affected person Jane Doe who was raped thrice by a male nurse within the intensive care unit of Methodist Hospital of Sacramento in December 2019. The jury discovered that the hospital violated varied Welfare & Establishments codes associated to the safety of dependent adults and was negligent in failing to guard Jane Doe from sexual abuse. The jury additionally decided that the hospital managing brokers, officers and administrators “ratified” the sexual abuse after it occurred by failing to analyze Jane Doe’s stories of abuse and failing to self-discipline the perpetrator.

“The jury’s verdict sends a transparent message that hospitals should defend their most susceptible sufferers from hurt,” stated Natalie Weatherford. “The plaintiff has suffered immensely, and the jury’s verdict is the ultimate step in her journey in the direction of starting to heal.”

Key factors at a look

$35 million verdict towards Dignity Well being dba Methodist Hospital of Sacramento, together with $20 million in punitive damages to punish the hospital.

ICU affected person sexually assaulted whereas acutely aware however unable to maneuver or communicate.

Jury discovered the hospital violated Welfare & Establishments codes associated to the safety of dependent adults and ratified the abuse after it occurred.

“We’re very happy with this courageous plaintiff for standing as much as the hospital that failed to guard her,” stated John Taylor. “Trials like these defend the group and make hospitals safer for everybody.”

CASE BACKGROUND

In late November 2016, 41-year-old Plaintiff Jane Doe was admitted to Methodist Hospital of Sacramento after struggling a pulmonary embolism and was transferred to the Intensive Care Unit (ICU), the place she remained for a number of weeks. She was intubated and unable to bodily transfer her physique or speak. She required the hospital’s help for all actions of day by day residing.

On three consecutive nights in December 2016, 58-year-old male nurse Gregory Allen Harms was assigned to take care of Doe whereas she was in ICU. Between the hours of 1am and 2am, Harms raped Doe whereas she was in her hospital mattress. Doe couldn’t transfer or communicate because of her medical situation, however she was awake and alert.

In late January 2017, Doe regained the power to talk and instantly reported the abuse to her speech therapist. The speech therapist reported the allegations to Methodist Hospital management and directors. Thereafter, the hospital failed to analyze the Plaintiff’s report and informed Doe’s household and legislation enforcement that Doe was possible affected by “ICU dementia” a situation that causes disorientation and hallucinations. Consequently, no in-depth hospital or legislation enforcement investigation was carried out.

In November 2019, Doe noticed Harms on the information after he was arrested for raping one other affected person at a distinct hospital in Folsom. Doe contacted the Sacramento Police Division about her 2017 rape allegations. She was knowledgeable that two different victims had come ahead alleging that Harms had sexually assaulted them whereas they had been incapacitated. The allegations towards Harms dated again to 2011, over 5 years previous to Doe’s rape. Harms was convicted of a number of felonies associated to his abuse of feminine sufferers and is presently serving a 28-year jail sentence.

About Taylor & Ring

Taylor & Ring, an award-winning Los Angeles-based trial legislation agency, represents plaintiffs throughout California in high-impact civil rights, private damage, wrongful demise, and sexual assault, abuse and harassment issues.