Trial Magazine

Doris Green, 79, was discharged to HealthSouth Rehabilitation Hospital of Gadsden (HealthSouth) for a two-week stay following a hospitalization for gastroenteritis on June 21, 2011. About a week later, a nurse discovered Green in an ­unresponsive mental state, and a physician ordered that she be transferred to a hospital. There, Green underwent a CT scan of her head, which was negative. She was then ­rehydrated and returned to HealthSouth on July 2.

Three days later, Green became unresponsive with an oxygen saturation level of 70 percent. She was returned to the hospital in a coma. Doctors suspected that Green had been given opiates. They ordered two urinalyses, which were positive for opiates. Staff administered Narcan, and Green responded favorably over the next few days. Although her condition later stabilized, she suffered brain damage resulting from hypoxia and died several months later. She is survived by her adult daughter.

Green’s daughter sued HealthSouth for wrongful death. The plaintiff alleged that the defendant failed to monitor Green adequately and negligently administered excessive unprescribed opiates to her on or about July 5, despite clear warning signs that she was allergic to such medications. The plaintiff sought punitive damages.

The jury awarded $20 million. The verdict is under ­posttrial review.

Citation: Honts v. HealthSouth Rehab. Hosp. of Gadsden, LLC, No. 31-CV-2013-900745.00 (Ala. Cir. Ct. Etowah Cnty. May 18, 2016).

Plaintiff counsel: AAJ members David H. Marsh and William “Rip” Andrews, both of Birmingham, Ala.