Professional Negligence Law Reporter

Timlin v. Heartland Behavioral Healthcare, No. 2015- 00566 (Ohio Ct. of Cl. Aug. 7, 2018).

Michelle Phibbs, 29, had a history of mental illness. She was admitted to Heartland Behavioral Health, a state-run psychiatric hospital, for an inpatient stay after experiencing difficulties following the death of a close family member. A psychiatrist diagnosed bipolar disorder, borderline personality disorder, and alcohol abuse, among other problems, and prescribed Ativan, Geodon, and Thorazine. One morning, after Phibbs was released from restraints, a nurse noted that she had forced breathing and was gasping. In the next hour, staff checked on Phibbs three times until a nurse found her unresponsive. Phibbs was transferred to a local hospital, where she died. She is survived by her mother and minor daughter. Phibbs’s mother, on behalf of her estate, sued the state of Ohio, alleging its nurses failed to adequately monitor Phibbs and call the attending physician regarding her breathing issues. The plaintiff argued that Phibbs, who was overweight and suffered from sleep apnea, was administered medication without adequate monitoring of her respiratory status. The defense denied the allegations. The parties settled for $300,000.

Plaintiff counsel: Edward Czopur, Youngstown, Ohio.

Plaintiff experts: David Goldstein, pulmonology, Sarasota, Fla.; James Hudziak, psychiatry, Burlington, Vt.; and Robert Patro, nursing, Reno, Nev.