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Case of the Month

West's® Jury Verdicts - Nevada Reports

Woman contracts hepatitis at medical facility in her insurance network

Martin v. PacifiCare of Nevada Inc.

Type of Case:
Business - Inadequate Service
Insurance

Specific Liability:
Negligence caused insured contracting hepatitis

General Injury:
Liver: Hepatitis

Jurisdiction:
State: Nevada
Court: District Court of Nevada, Clark County.

Related Court Documents:
Plaintiff's expert witness report (Hutson): 2013 WL 8359972
Plaintiff's expert witness report (Freeman): 2013 WL 8335856
Joint pretrial memorandum: 2014 WL 2389102
Judgment: 2014 WL 2441522
Verdict form: 2014 WL 2216400


Case Name:
Martin v. PacifiCare of Nevada Inc.

Docket/File Number:
09-A-583771-C

Result Amount:
Plainttiff, $1,275,000

Result Date:
April 24, 2014

Judge:
Douglas W. Herndon

Attorneys:
Plaintiff: Gerald I. Gillock, Gillock & Killebrew P.C., Las Vegas, NV
Plaintiff: Nia C. Killebrew, Gillock & Killebrew P.C., Las Vegas, NV
Plaintiff: Matthew L. Sharp, Matthew L. Sharp Ltd., Reno, NV
Plaintiff: Richard H. Friedman, Friedman Rubin, Bremerton, WA
Plaintiff: Henry G. Jones, Friedman Rubin, Bremerton, WA
Plaintiff: Britt L. Tinglum, Friedman Rubin, Bremerton, WA
Plaintiff: William S. Cummings, Friedman Rubin, Anchorage, AK
Defendant: D. Lee Roberts, Weinberg, Wheeler, Hudgins, Gunn & Dial L.L.C., Las Vegas, NV
Defendant: Carol Patrick Michel, Weinberg, Wheeler, Hudgins, Gunn & Dial L.L.C., Las Vegas, NV
Defendant: Stephen W. Mooney, Weinberg, Wheeler, Hudgins, Gunn & Dial L.L.P., Las Vegas, NV
Defendant: Jeremy R. Alberts, Weinberg, Wheeler, Hudgins, Gunn & Dial L.L.P., Las Vegas, NV

Result Type:
Jury Trial

Experts:
Plaintiff: Nursing: Fleming, Kathryn, Ph.D., Clinical Consulting Services Corp., West Long Branch, NJ
Plaintiff: Anesthesiologist: Friedman, Arnold, M.D., West Hollywood, CA
Plaintiff: Hepatologist: Hutson, William, M.D., Baltimore, MD
Plaintiff: Forensic Epidemiologist: Freeman, Michael, Ph.D., Forensic Research & Analysis, Inc., Portland, OR
Plaintiff: Insurance Law: Prater, Stephen, San Jose, CA

Breakdown of Award:
Compensatory Other: $1,250,000
Total Compensatory Award: $1,250,000
Punitive Damages: $0
Hedonic Damages: $0
Property Damages: $0
Interest: $0
Other Damages: $0
Loss of Services: $25,000
Loss of Services: Yes
Comparative Negligence Percentage: 0

Summary of Facts:
Gwendolyn Martin, a 60-year-old woman, reportedly became infected with Hepatitis C requiring hospitalization and treatment after undergoing an esophagogastroduodenoscopy procedure under conscious sedation using propofol while insured by defendant PacifiCare of Nevada, an HMO. The plaintiff contended the defendant negligently allowed the facility to enter and remain in its provider network, and the facility used unsafe injection practices of using single dose vials of propofol on multiple patients and reusing syringes; the plaintiff said that despite having the authority to evaluate, monitor and direct the care provided at the facility, the defendant never evaluated or monitored the facility or the healthcare providers who practiced there despite having actual knowledge of problems there. The defendant denied liability and contended none of its conduct caused the plaintiff's injury. The plaintiff's spouse brought a claim for loss of consortium and received $25,000. Reports on verdicts in cases related to the same or similar outbreaks of hepatitis appear at Washington v. Endoscopy Ctr. of S. Nevada, 2011 WL 5436431, Sacks v. Endoscopy Ctr. of S. Nevada, 2011 WL 4914662, Chanin v. Baxter Healthcare Corp., 2010 WL 5570836, Chanin v. Desert Shadow Endoscopy Ctr., 2010 WL 1930120, and Stout v. Health Plan of Nevada Inc., 2013 WL 5435509.

Westlaw Citation:
2014 WL 3491518



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