Professional Negligence Law Reporter

Bowser v. Washington State Dep’t of Soc. & Health Servs., No. 3:17-cv-05053-BHS (W.D. Wash. Nov. 9, 2018).

Sharon Struthers, who was in her 70s, suffered from bipolar disorder and cognitive decline. After she was deemed to be a harm to herself, she was civilly committed to Western State Hospital for a 26-month period.

During her time at the facility, she suffered at least 23 falls; was assaulted by other patients both physically and sexually; and was denied basic hygiene, such as regular bandage changes after she underwent a bilateral mastectomy. Additionally, she was provided a medication cocktail, including Ativan, that caused an overdose necessitating resuscitation and hospitalization. After one of the falls, she suffered a broken hip and arm, which led to her premature death. She is survived by her adult daughter.

Struthers’s daughter, on behalf of her estate, sued the state of Washington, alleging violations of 42 U.S.C. §1983, and the Washington Law Against Discrimination, Wash. Rev. Code §49.60. Among other claims, the plaintiff asserted that the defendant’s staff failed to perform adequate medical charting, provide timely medical care, and protect her from violence.

The parties settled for $900,000.

Plaintiff counsel: AAJ member James W. Beck, AAJ member Salvador Mungia, and Janelle Chase-Fazio, all of Tacoma, Wash.