Professional Negligence Law Reporter

Stein v. Franciscan Alliance, Inc., No. 15 L 4732 (Ill. Cir. Ct. Cook Cnty. Dec. 12, 2018).

Patrick Stein, 64, suffered from post-traumatic stress and had an extensive history of mental health difficulties after his service in Vietnam. When he developed confusion, paranoia, and other problems, he was admitted to a VA hospital. After his release to his family, he urinated in a sink, grabbed a knife, and left the house. The family called 911, and Stein was later taken to St. James Hospital. There, a physician diagnosed suicidal behavior and recommended that Stein be transferred back to the VA hospital. Representatives from Kurtz Ambulance Service, Inc., arrived to complete the transfer. Hospital staff told the ambulance workers that Stein had an altered mental status but that he was “good to go.” Stein was strapped onto a gurney with a three-point harness around his upper abdomen and a strap across his thighs. He was calm and fell asleep; however, when the ambulance driver pulled over after becoming lost, Stein woke up. Once the ambulance started moving again, he broke through his straps and jumped out of the back of the moving vehicle. He suffered severe injuries and died that night. At the time, he was survived by three adult children. Stein’s estate sued Kurtz Ambulance, alleging it failed to properly position and monitor Stein in the back of the ambulance or obtain his medical history before the transport. The plaintiff claimed that the ambulance attendant was seated at Stein’s head, not his back side, which enabled him to leave the ambulance. Suit against St. James Hospital alleged its staff failed to communicate that Stein was experiencing suicidal behavior and other mental health problems.

The jury awarded $7 million.

Plaintiff counsel: AAJ members Margaret Battersby-Black, Michael F. Bonamarte, and Cari F. Silverman, all of Chicago.

Plaintiff experts: Susan Smith, nurse paramedics, Warriors Mark, Pa.; Gerald Shiener, psychiatry, Birmingham, Mich.; and Gary Ludwig, paramedics, Champaign-Urbana, Ill.

Comment: In Hans v. Action Delivery Serv. Inc., No. 2009-CI-000707 (Ky. Cir. Ct. Boyd Cnty. Oct. 24, 2017), Evelyn Hans, 90, required transport from a rehabilitation facility. Representatives of Action Delivery Service placed Hans in her wheelchair into the back of the ambulette. When the vehicle began to move, Hans’s wheelchair rolled forward, causing her to strike the seats in front of her and causing her leg to become trapped. She suffered a fractured right fibula. Hans, and then later, her estate, sued Action Delivery, alleging failure to properly secure Hans into the back of the ambulette. The jury awarded $103,000. Richard Martin and Andrew Wheeler, both of Ashland, Ky., represented the plaintiff.