NationStates Jolt Archive

My dad was sued and lost over 500milllion dollars, that the jury awarded the prosecutors. The reason was:His NURSE performed double chimotherapy on his patient and the patient died.

Should my father be the victim of such a vast amount of money due to a nurse's mistake?

damn...thats an awfully large malpractice settlement. :eek:

Its not malpractice.

The sum was even over 600million. The local news is all over it.

Ouch!

Poor you and your family! You have my condolances.

Its not malpractice.

The sum was even over 600million. The local news is all over it.


If not malpractice then what is it? I'm not saying your dad is at fault, I was just saying that seems like an enormous amout even for a "something gone wrong during a med procedure". Where does your dad practice medicine? Does chemo have to be administered by a Dr. or can a nurse administer it? Did she misread his orders? What happened?

Thank you, but I don't care about the money. I care about my father's culpability.

If not malpractice then what is it? I'm not saying your dad is at fault, I was just saying that seems like an enormous amout even for a "something gone wrong during a med procedure". Where does your dad practice medicine? Does chemo have to be administered by a Dr. or can a nurse administer it? Did she misread his orders? What happened?

My dad is a very good doctor, and did nothing wrong. His NURSE did something wrong. My dad did not issue the chemo. The nurse issued it against my father's aproval.

I'd very much care about this kind of debt. This amount is ridiculous.

This sounds a bit like something that happened to my father. His nurse stabbed him in the hand on purpose while he was trying to perform surgery, and the patient almost ended up dying while my dad was getting rushed out and everybody was trying to find another surgeon to perform the surgery. Then the patient tried to sue my dad.
:headbang:

You have my condolences.

My dad is a very good doctor, and did nothing wrong. His NURSE did something wrong. My dad did not issue the chemo. The nurse issued it against my father's aproval.


Good grief...thats awful. Can he appeal?



and Neo??! WOW...what happened? did the nurse go nuts or what?? :eek:

That's one thing about this country I dislike...You can sue for pretty much anything, and overzealous lawyers and stupid jurors will award you a grotesque amount of money disproportionate to the "crime".

(sigh)

Ein Deutscher']I'd very much care about this kind of debt. This amount is ridiculous.

Most of it is covered by insurance and we can afford to pay the rest...Barely.
The sum is crazy. Its a 'malprctice' award record.

That's one thing about this country I dislike...You can sue for pretty much anything, and overzealous lawyers and stupid jurors will award you a grotesque amount of money disproportionate to the "crime".

(sigh)

I agree absolutely. The jury system is absolutely ridiculous. The jury has no clue what's going on half the time, and are biased.

[NS]Ein Deutscher....Speak German?

and Neo??! WOW...what happened? did the nurse go nuts or what?? :eek:
My dad is a bit of a bastard sometimes, and the nurse had undiagnosed schizophrenia or something(I forget what it was exactly). After my dad said something she didn't like, she got really angry, and the next day during surgery she attacked him with the scalpel(sp?) when he asked for it. It was really weird.
I'm glad she was taken out of the hospital's employ before she ended up killing some patients or something...

I'm sorry. Your dad must go through lots of stuff. What kind of a doctor is he? My dad's a oncology, hematology, inner blood medicine doctor.

I'm sorry. Your dad must go through lots of stuff. What kind of a doctor is he? My dad's a oncology, hematology, inner blood medicine doctor.
My dad does some sort of cancer surgery. I'm not quite sure what sort at the moment, because it seems like as of now he's backed off the surgery because he's getting old and is doing more teaching of other doctors. I'm not positive, because I haven't seen him in a while.

Oh. That's cool. Your dad ever have a lawsuit?

My dad was sued and lost over 500milllion dollars, that the jury awarded the prosecutors. The reason was:His NURSE performed double chimotherapy on his patient and the patient died.

Should my father be the victim of such a vast amount of money due to a nurse's mistake?

This sounds unfair, but the circumstances are a bit sketchy. Can you provide some details?

I can't find anything like this on Google.

Regardless, I sympathize with your distress. This must be hard for your family to go through.

If the nurse gave it without the doctor's (your father's) approval then she should be the one that is sued. She was the one that performed it, she was at fault.

Unless fault can be attributed to your father in some way. Did he perform the first chemo and then fail to record it so that the nurse didn't realise it hadn't been performed? Should he have known she was performing it and stopped it? Could he have done anything?

It's pretty hard to say whether or not your father can be held responsible with what you've given, but if the plaintiffs were able to bring the case then surely they had some reason to be able to say he was responsible. Juries...gosh, I still can't understand why the U.S has juries in civil hearings.

Appeal?

I wish Heiligkeit would provide us with more details.

I truly do not wish to be unfair, but I am concerned that the story thus far is inaccurate.

First, Texas has strict caps on medical malpractice. The maximum damages in non-economic damages (such as pain and suffering) is $500.000 -- less than 1/10th of the damages here. Also, a doctor can be found liable for no more than $250,000.

Second, an award of over $600 million would be almost double of that the largest individual plaintiff verdict in 2004. (The largest was against Ford re the Ford Explorer rollovers).

Similarly, according to the Physician Insurers Association of America, the average amount paid to a plaintiff in 2003 for a medical malpractice case involving death is $195,723. The award discussed here would be 20 times that.

I do not mean to deny in any way that this must be a terrible stress for the family. I merely wish to know more.

$600 million? I'm going to have to be skeptical and ask for a link.

This is beginning to sound more and more unlikely... no disrespect, of course. But could you provide a link?

I had a lecture last week in which the lecturer, a doctor, told us that we'd pretty much all get sued at least onc ein our lifetimes.

WTF is that? Most doctors are not wilfully negligent. I'd say the majority of cases where things actually DO go wrong, it's because of failures in teh system, like doctors working 16 hour shifts and stuff...

:confused: *worried*

I had a lecture last week in which the lecturer, a doctor, told us that we'd pretty much all get sued at least onc ein our lifetimes.

WTF is that? Most doctors are not wilfully negligent. I'd say the majority of cases where things actually DO go wrong, it's because of failures in teh system, like doctors working 16 hour shifts and stuff...

:confused: *worried*

One of the main reasons why I stopped going for my education degree was all the classes where all we talked about was all the things you couldn't say or do lest you lose your job.

The cap? It was instituted, but the case has been going on for 2 years. That was before the cap. Don't believe me? See for yourself:
http://www.google.com/search?client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial_s&hl=en&q=Volker+Gressler&btnG=Google+Search

If you look at teh fourth option it says:
"... And doctor Volker Gressler, who owned the clinic, was driven by money - at
least that's what a jury decided in awarding a $600 million verdict against ..."

My dad was sued and lost over 500milllion dollars, that the jury awarded the prosecutors. The reason was:His NURSE performed double chimotherapy on his patient and the patient died.

Should my father be the victim of such a vast amount of money due to a nurse's mistake?

Sorry to hear this. I made a joke about your parents sueing me on another thread. Had not seen this thread yet. Sorry, didn't mean to be insensitive. I hope things turn out okay for your family.

That's one thing about this country I dislike...You can sue for pretty much anything, and overzealous lawyers and stupid jurors will award you a grotesque amount of money disproportionate to the "crime".

(sigh)

Agreed. People see that money from the state, or from people leaned on by the state after your kangaroo court, is easier than actual work and continue to take advantage of the system.

Heck, I could sue my violin teacher if I triped on her property.

Wow :eek:

Even half that amount I cannot imagine. I don't think we could ever afford that much, even with insurance and by selling everything.

Maybe there are some benefits of living in Britain.

Wow :eek:

Even half that amount I cannot imagine. I don't think we could ever afford that much, even with insurance and by selling everything.

Maybe there are some benefits of living in Britain.
Living in Europe is alway a benefit.

Easy- the nurse must pay, not him. Appeal the bastard.

The nurse doesn't have money.

Well, she should have thought of that before she gave him double chemo.

She knows she won't be sued. She doesn't have any money. No one will sue her. My father on the other hand is a doctor and might have money. She was his employer so they sue him.

Just wondering, I here quite a lot of stories about medical malpractice suits in America, which are usually for huge sums and happen with alarming frequency.

Just wondering, How does America have any doctors left if they are sued for such ridiculous amounts? I know doctors make a shit load, but still corporations are fined less for poisoning huge amounts of people. IT just seems grotesque.

Just wondering, I here quite a lot of stories about medical malpractice suits in America, which are usually for huge sums and happen with alarming frequency.

Just wondering, How does America have any doctors left if they are sued for such ridiculous amounts? I know doctors make a shit load, but still corporations are fined less for poisoning huge amounts of people. IT just seems grotesque.
Doctors do not make a shitload. This is a common misconception. The current Bush medicare plan is taking away money from doctors making them quite poor. Anyone who isn't a doctor doesn't realize this. Most of them have insurance.

It hardly seems fair, not just the large amount but that the case was against your father, not the nurse who gave him ten times the amount of the prescribed dosage of the chemotherapy drug (Streptozocin).

Clicky (http://www.morelaw.com/cities/verdicts/Dallas.asp)

They always sue the one with the money.
I agree with being able to sue a truly negligent doctor for every dime he's got. But people need to realize that things don't always go the way they're intended. The doctor isn't psychic or perfect.

There was a doctor in Texas, probably about ten years ago that deliberately didn't tell women that they had cervical cancer. Two of them died. He should have gotten not just sued, but thrown in prison.

It hardly seems fair, not just the large amount but that the case was against your father, not the nurse who gave him ten times the amount of the prescribed dosage of the chemotherapy drug (Streptozocin).
It was double and was a brand know as "Taxol"

Doctors do not make a shitload. This is a common misconception.

Well, I just might have lower aims in terms of earning. Well its moot.

The current Bush medicare plan is taking away money from doctors making them quite poor. Anyone who isn't a doctor doesn't realize this. Most of them have insurance.

I thought Bush was trying to appeal to doctors by putting a cap on suits (remember though, we rarely get much news about internal American policies over here). Though it appears this isn't the case.

Bush did put a cap on the lawsuit amount(to late for us), but to fund his war, he is pulling money out of the health program. When doctors buy drugs, they are awarded only 88% of the amount back. The rest 12% goes to the war. Imagine how much we loose!!!!!

It was double and was a brand know as "Taxol"

Sorry, the information on the link must be wrong, is this the same case?

Mark & Lois Cortney Vs. Volker H. Gressler, MD? (http://www.morelaw.com/verdicts/case.asp?n=+03%2D10309%2DE&s=TX%20%20%20%20%20%20%20%20&d=29474)

Sorry, the information on the link must be wrong, is this the same case?

Mark & Lois Cortney Vs. Volker H. Gressler, MD? (http://www.morelaw.com/verdicts/case.asp?n=+03%2D10309%2DE&s=TX%20%20%20%20%20%20%20%20&d=29474)

I'm not sure. The nurse gave two guys an overdose...One of them we were able to settle and avoid a lawsuit. That's taht one probably.

for those who (like me) did not wish to register in order to read the article, here is the content.

Cancer clinic still open despite lawsuits

07:31 AM CST on Wednesday, March 9, 2005

By BYRON HARRIS / WFAA-TV


Overdose is a word nobody wants to hear.

But what if a clinic gives you too much of a drug that's supposed to cure you? That's what happened to two people, months apart, at a North Texas cancer clinic.

A Dallas jury delivered a record verdict in the case, but the doctor is still in business.

Bill Jameson was an 82-year-old grandfather known to most as "Daddy Bill". He was a veteran, and a cancer patient.

Jameson was getting controlled poison, otherwise known as chemotherapy, to control his cancer. But as News 8 reported nearly two years ago, he died after receiving twice his normal chemo dose at Hope Oncology Clinic.

Maureen LuPlace, who once worked at the clinic, saw it coming.

"I remember being in my house, I think it was, and I was with my family at dinner - and I knew that would happen," LuPlace said.

While Daddy Bill trusted in Hope Oncology, testimony in a landmark lawsuit paints its three locations as places where money, incompetence and chaos ruled.

- The chief administrator admitted to stealing drugs from the clinic, and records show she lost her nursing license in 1988 for using them.

- The chemotherapy nurse who treated Jameson got just two days of training in a hotel room to do her job.

- And doctor Volker Gressler, who owned the clinic, was driven by money - at least that's what a jury decided in awarding a $600 million verdict against Gressler.

"Dr. Gressler didn't show up for trial," LuPlace said. "Dr. Gressler only came for an hour in the whole case."

Attorney Mike Sawicki estimates one Hope Clinic grossed $1 million a week. But after Maureen LuPlace warned Gressler about his inexperienced nurse, he fired her.

"He ignored risks that he'd been fully aware of, that he'd been warned about, that he knew could be severe, knowing that those could cause patient harm," Sawicki said.

And less than four months after Bill Jamison died from too much chemo, patient Mark Courtney also received an overdose. He lived, but still suffers. His case was settled out of court.

A complaint against Dr. Gressler was filed with the Texas Board of Medical Examiners, which polices doctors in Texas. The board won't confirm or deny whether it's investigating. He remains in practice.

Dr. Gressler was sued as owner of the clinic which had 2 series of cases of chemotherapy overdoses within a few months. More facts are included in the article.

Ein Deutscher']I'd very much care about this kind of debt. This amount is ridiculous.

Have the new bankrupcy laws gone into effect yet?

for those who (like me) did not wish to register in order to read the article, here is the content.



Dr. Gressler was sued as owner of the clinic which had 2 series of cases of chemotherapy overdoses within a few months. More facts are included in the article.
The news brought this story up twice. Most of it entirely false. If you want me to prove and tell youw hch ones sre false, please say so.

Have the new bankrupcy laws gone into effect yet?
Why?

The news brought this story up twice. Most of it entirely false. If you want me to prove and tell youw hch ones sre false, please say so.

So.

So.
As you wish:
- The chief administrator admitted to stealing drugs from the clinic, and records show she lost her nursing license in 1988 for using them.->An absolute lie. She had a ll the permits. My father fired her for robbing us.
- The chemotherapy nurse who treated Jameson got just two days of training in a hotel room to do her job. ->Very true. This is over double the amount a usual chemotherapy nurse would receive.

dunno if it's already been said, but 600 million seems a little excessive :eek:


edit: my heart goes out to you and your family... i guess this isn't going to be easy to take

"Dr. Gressler didn't show up for trial," LuPlace said. "Dr. Gressler only came for an hour in the whole case." ->My father was told to show up on only these occasions.
Attorney Mike Sawicki estimates one Hope Clinic grossed $1 million a week->Lie. The highest we've ever made a week is 120,000
-But after Maureen LuPlace warned Gressler about his inexperienced nurse, he fired her.->She was fired for not doing her job. She was lazy.
-And less than four months after Bill Jamison died from too much chemo, patient Mark Courtney also received an overdose. He lived, but still suffers. His case was settled out of court.->Very true. But it was rom the same nurse.

dunno if it's already been said, but 600 million seems a little excessive :eek:


edit: my heart goes out to you and your family... i guess this isn't going to be easy to take
No, it isn't. I thank you.

That's one thing about this country I dislike...You can sue for pretty much anything, and overzealous lawyers and stupid jurors will award you a grotesque amount of money disproportionate to the "crime".

(sigh)

cnn, it tells you several sue cases including a kid who tried to sue school for giving him homework and a girl was sued because she gave her neighbor perfectly fine cookies and she wasnt even allergic

cnn, it tells you several sue cases including a kid who tried to sue school for giving him homework and a girl was sued because she gave her neighbor perfectly fine cookies and she wasnt even allergic
Are you serious?

I'm sorry about the debt your family is going through. The first thing that came to my mind while viewing this thread, is that the nurse needs to be urgently overviewed. If they have already, then not enough precautions are being taken. Thi smistake sounds like it may be a little too chronic. You'd think she'd learn from the past or was that a different nurse? Since when do the nurses perform the Chemo, I thought the doctor is suppose to do it? :confused:

I think you should make a new trial suing the nurse for the loss of money since it was her fault. Also from what i heard your father seemed like he didnt do anything wrong. You can also put up a sign saying get treated at your own risk to save you from further lawsuits although people might not like the idea of being treated at a risk









Follow my advice at your own risk

Are you serious?

yes i am. You have to search for cookies or something like that

I think you should make a new trial suing the nurse for the loss of money since it was her fault. Also from what i heard your father seemed like he didnt do anything wrong. You can also put up a sign saying get treated at your own risk to save you from further lawsuits although people might not like the idea of being treated at a risk









Follow my advice at your own risk
I don't think we can do that. No matter what, they can still sue.

I'm sorry about the debt your family is going through. The first thing that came to my mind while viewing this thread, is that the nurse needs to be urgently overviewed. If they have already, then not enough precautions are being taken. Thi smistake sounds like it may be a little too chronic. You'd think she'd learn from the past or was that a different nurse? Since when do the nurses perform the Chemo, I thought the doctor is suppose to do it? :confused:
Debt? We have no debt. It's been paid off. The doctor issues the chemo. The nurse performs it. This had been an unauthorized chemo in both cases.

I don't think we can do that. No matter what, they can still sue.

You underestimate the power of a sign. Signs are one of the most powerful legal stuff

They will not be heeded. Besides, it's just saying:
"Hello. We've had accidents and people have died, so if you die please don't sue :)"

That's kinda repulsive don't you think?

They will not be heeded. Besides, it's just saying:
"Hello. We've had accidents and people have died, so if you die please don't sue :)"

That's kinda repulsive don't you think?

hence my warning

500 million dollars is ridiculously high sum. This is an outrage, the burden should be put on the nurse who failed to be responisble rather than on your father. You have condolences.

500 million dollars is ridiculously high sum. This is an outrage, the burden should be put on the nurse who failed to be responisble rather than on your father. You have condolences.
It's 600million. My dad has money and she doesn't. Guess who gets sued? My dad.

It's 600million. My dad has money and she doesn't. Guess who gets sued? My dad.
600 million! I would be lucky if I ever saw that kind of money. That shows the problems inherent in the system.

We don't have the money either.

We don't have the money either.
How much do you have to pay?

Originally posted by Heiligkeit
Debt? We have no debt.

I'm sorry, I misread that. Either way I am sorry that your dad had to have something like this occur in his practice. Thank you for clearing up the doctor/patient thing.

It's 600million. My dad has money and she doesn't. Guess who gets sued? My dad.

The stupidest part is if they go to a doctor to get treated and in this case i infer its cancer, then they would die anyway, but your dad was tring to save his/her life. That is like suing a doctor for giving you an operation for appendicitis. Besides it was the nurses fault.

How much do you have to pay?
Around a couple million. My dad has a very high insurance.

I'm sorry, I misread that. Either way I am sorry that your dad had to have something like this occur in his practice. Thank you for clearing up the doctor/patient thing.
Thank you.

The stupidest part is if they go to a doctor to get treated and in this case i infer its cancer, then they would die anyway, but your dad was tring to save his/her life. That is like suing a doctor for giving you an operation for appendicitis. Besides it was the nurses fault.
The guy wasgoing to die in the next six months anyways. he had level 4 prostrate cnacer.

My dad was sued and lost over 500milllion dollars, that the jury awarded the prosecutors. The reason was:His NURSE performed double chimotherapy on his patient and the patient died.

Should my father be the victim of such a vast amount of money due to a nurse's mistake?

I feel for your dad.

We're working on a law that would limit the punitive amount in a medical malpractice suit.

I feel for your dad.

We're working on a law that would limit the punitive amount in a medical malpractice suit.
Your a lawyer?

There is a cap now of $250,000 but the lawsuit comenced 2 years ago, and it was to early for teh cap.

Are you serious?
Quite, it's been all over the morning news shows like "Good Morning America"
There were these two girls in Colorado who made some cookies and dropped them off on some crotchety old hag's porch. The woman then is 'startled' and had to go to the emergency room for 'severe chest pains' induced by teenage girls dropping cookies off of their porch.

Old hag takes them to court, wins a settlement for $900 (?) to cover the medical bills. This hits the media, and people go guano loco, the girls become famous (as famous as someone who gets sued for baking cookies can be, I imagine), people donate money to their cause and the old hag practically gets run out of town on a rail.

I love a story with a happy ending. ;)

lol. That's crap. Screw sueing.

Quite, it's been all over the morning news shows like "Good Morning America"
There were these two girls in Colorado who made some cookies and dropped them off on some crotchety old hag's porch. The woman then is 'startled' and had to go to the emergency room for 'severe chest pains' induced by teenage girls dropping cookies off of their porch.

Old hag takes them to court, wins a settlement for $900 (?) to cover the medical bills. This hits the media, and people go guano loco, the girls become famous (as famous as someone who gets sued for baking cookies can be, I imagine), people donate money to their cause and the old hag practically gets run out of town on a rail.

I love a story with a happy ending. ;)
How is that a happy ending?

The news brought this story up twice. Most of it entirely false. If you want me to prove and tell youw hch ones sre false, please say so.

Heiligkeit, I meant no offense. My heart goes out to you are your family.

This is the article to which you provided a link for forum members to read. It wasn't readable unless you registered, so I provided the contents to forum members.

I don't take the contents of this article at face value and I hope others don't either, but it is the only source of information that you provided or that I could find on the web (other than the law note about the settlement of the related overdose case).

Heiligkeit, I meant no offense. My heart goes out to you are your family.

This is the article to which you provided a link for forum members to read. It wasn't readable unless you registered, so I provided the contents to forum members.

I don't take the contents of this article at face value and I hope others don't either, but it is the only source of information that you provided or that I could find on the web (other than the law note about the settlement of the related overdose case).
I never tried to say anything negative about you posting that. I was just trying to point out how false most of it is.

I never tried to say anything negative about you posting that. I was just trying to point out how false most of it is.

That's cool. Just making sure. :)

I understand and sympathize with your disgust both at the verdict and this clearly sloppy media report.

That's cool. Just making sure. :)

I understand and sympathize with your disgust both at the verdict and this clearly sloppy media report.
Thank you. I appreciate your sympathy.

Don't worry. Be happy. This Law suit might hurt your dad's clinic though, if the name is given out. But your Dad can still find a job elsewhere. 'Might' lose the clinic if it degenerates.

It's Vicarious liability. Though it's not your Dad's fault per se, but Your dad would be the one held responsible because he didn't make sure the nurses are well trained.

Firstly, sack the nurse(s). You don't want them around your clinic anymore. It's not worth it.

Your dad should have tons of premiums in Insurances don't he? The insurance company would fight it out, especially to reduce the ammount. No way would the insurance company fork out $600 million. Plus the jury needs to grow up a little. If it's $2-6 million. it'll hurt the insurance. But it would at least compensate their family for their livetime. Plus, with chemotherapy doesn't gurantee success that their family member would recover from Cancer.

If it's $600 million, their most likely getting nothing out of it. And the family of the patients would get absolutely nothing. Stupid jury.

------------------

And like Jibea says, (I honestly don't know the details of the trial), but if the nurse gave unwarranted Chemotherapy. Then you should counter-sue the nurse. Get her nursing licence revoked. It's good/better for the medicinal community, that incompetent people shouldn't be handling medicine out to patients in the first place.

------------------

Plus you should tell your dad to be more conscience of the law. And go to court. He could get jailed for not turning up.

The nurse doesn't have money.

That's precisely why your father got the short end of the stick and not the nurse, it's just typical greed at work again, oh and American courtroom cock-ups...

Quite, it's been all over the morning news shows like "Good Morning America"
There were these two girls in Colorado who made some cookies and dropped them off on some crotchety old hag's porch. The woman then is 'startled' and had to go to the emergency room for 'severe chest pains' induced by teenage girls dropping cookies off of their porch.

Old hag takes them to court, wins a settlement for $900 (?) to cover the medical bills. This hits the media, and people go guano loco, the girls become famous (as famous as someone who gets sued for baking cookies can be, I imagine), people donate money to their cause and the old hag practically gets run out of town on a rail.

I love a story with a happy ending. ;)

Nice. You show such compassion.

How about some facts to go with your misanthropy?

Wanita Renea Young, 49, successfully sued two 18-year-old Durango girls for about $900 in medical expenses after they pounded on her back door and dropped off a plate of homemade cookies about 10:30 p.m. on July 31.

Taylor Ostergaard, then 17, and Lindsey Jo Zellitte, 18, decided one summer's evening to skip a dance where there might be cursing and drinking to stay home and bake cookies for their neighbors. The July 31 deliveries between consisted of half a dozen chocolate-chip and sugar cookies accompanied by big hearts cut out of red or pink construction paper with the message: "Have a great night."

Ms. Young, 49, is a cashier at Wal-Mart and has been director of the Durango Food Bank since 1990. She lives off of County Road 214 in a rural area on the mesa south of Durango and was in the basement of her house watching television with her 86-year-old mother and 19-year-old daughter about 10:20 p.m. when the incident took place.

"We heard this horrible banging on the door, like someone was trying to break it down," Young said Friday. "I ran upstairs and called out 'Who's there?' three or four times. But no one answered me and when I looked out the window, there weren't any vehicles in sight. But I could see the silhouette of someone on the other side of the window. I got really scared and called the sheriff's department."

According to documents filed with the court, the girls had parked about 500 feet away from Young's home, shielding their car behind a grove of trees.

A statement by Taylor Ostergaard included in court documents said the girls "knocked on the door three times loudly, left the plate of cookies on the step and ran away. (We) wanted someone to hear the door and find the cookies so an animal wouldn't eat them before morning."

Three La Plata County sheriff's deputies, who arrived at Young's home shortly before 11 p.m., discovered the cookies and a note scribbled on red, heart-shaped construction paper reading: "Have a great night. Love, The T and L Club."

The initials, unbeknownst to Young, stood for Taylor and Lindsey.

"I had no idea what the note meant," Young said. "Fifteen years ago, I was assaulted by one of my neighbors as I was taking my children to meet the school bus, and I wondered if somehow the incident was connected to that.

"After the deputies looked around, they weren't sure what had gone on and said that it might be a good idea if I took my mother and daughter and stayed in a motel that night," Young said. "My husband was out of town, so I decided to spend the night in Farmington at my sister's house. Driving down there, I was throwing up and feeling a lot of pressure in my chest. I thought I might be having a heart attack."

The next morning, Young went to the emergency room at Mercy Medical Center, incurring more than $1,400 in hospital bills for what doctors eventually diagnosed as an anxiety attack.

The girls’ mothers offered to pay Ms. Young’s medical bills not covered by insurance soon after the incident, but the months dragged on and on and they never paid. Instead, the Taylors and Ostergaards sent Young an attorney-authored agreement outlining their intention to pay Young and releasing the two families from any further financial liability related to the incident. The girls included a note of apology to Young, but on the advice of an attorney, they opted not to meet with her in person.

Young said she was bothered by the failure to pay as promised, the lack of trust the attorney-authored agreement signaled, and by the girls’ refusal to apologize in person. By Dec. 30 – five months after the incident – she felt that she had to go to court. "All I wanted was for those girls to admit that they used poor judgment and apologize in person. If they had done that, I wouldn't have even asked for the money. I just hope they learned a lesson."

The girls were ordered to pay $871.70 plus $39 in court costs in a small claims court ruling by La Plata County Court Judge Doug Walker. The judge awarded Young her medical costs, but did not award punitive damages. He said he did not think the girls had acted maliciously but that 10:30 was fairly late at night for them to be out. The judge awarded only $1 for damages, even though he could have given the plaintiff lost wages and the cost of new motion- sensor lights for her porch and more. She had itemized about $3,000 in all.

The girls have received “thousand and thousands” of dollars in donations. One Denver radio station alone raised more than $1,900 in a few hours. The girls’ families have stated that, after court costs, the money will go to the girls’ college funds and to various charities. The girls were flown to New York City to appear on ABC’s “Good Morning America.”

The Youngs have received barrage of crank calls, hate mail and truckloads of strange packages have been aimed at their rural home just south of Durango. Weeks after the judgment, nine out of 10 calls to the Young’s home are from "crackpots.” One recent caller had told Mr. Young that "you should be found dead in a ditch."

So,

1. The woman was legitimately frightened, suffered a serious anxiety attack, and incurred medical bills.

2. The girls' families claimed they were willing to pay for the medical bills but had not done so many months after the incident.

3. The woman to them to small claims court -- where there are no attorneys.

4. The girls have made a ton of money, gotten fame, etc, out of all this.

5. The woman's family have gotten harrassment and death threats.

Given that the girls claimed to admit responsibility and a willingness to pay the medical bills, how exactly was the court order wrong? Why should the woman be villified?

This sounds a bit like something that happened to my father. His nurse stabbed him in the hand on purpose while he was trying to perform surgery, and the patient almost ended up dying while my dad was getting rushed out and everybody was trying to find another surgeon to perform the surgery. Then the patient tried to sue my dad.
:headbang:

You have my condolences.

Wtf was that nurses problem?

I think the perception is that Mrs. Young acted uncharitably, in that even though she claimed that all she wanted was a personal apology, nevertheless rejected the girls' offer of payment of her medical bills, but instead tried to get another $3000 out of them in court. There's also a sense that the girls shouldn't have been held at all culpable in the first place and that thier offer to pay the medical bills was generous. After all accidents happen; the girls don't seem to have acted at all thoughtlessly or negligently. Merely knocking on someone's door at 10:30 shouldn't make you liable for anything that happens as a result.

That's precisely why your father got the short end of the stick and not the nurse, it's just typical greed at work again, oh and American courtroom cock-ups...

It's normal. Everywhere in the world practices it.

It's called Vicarious liability. It's something in the law. That the boss would be the one responsible. Unless it's an accident outside the nurses duty (like she drives her car into a person on her way home from work).

Like if a waitress drops hot coffee on your head and scars your face for life. You sue the restaurant, not the waitress.

Don't worry. Be happy. This Law suit might hurt your dad's clinic though, if the name is given out. But your Dad can still find a job elsewhere. 'Might' lose the clinic if it degenerates.

It's Vicarious liability. Though it's not your Dad's fault per se, but Your dad would be the one held responsible because he didn't make sure the nurses are well trained.

Firstly, sack the nurse(s). You don't want them around your clinic anymore. It's not worth it.

Your dad should have tons of premiums in Insurances don't he? The insurance company would fight it out, especially to reduce the ammount. No way would the insurance company fork out $600 million. Plus the jury needs to grow up a little. If it's $2-6 million. it'll hurt the insurance. But it would at least compensate their family for their livetime. Plus, with chemotherapy doesn't gurantee success that their family member would recover from Cancer.

If it's $600 million, their most likely getting nothing out of it. And the family of the patients would get absolutely nothing. Stupid jury.

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And like Jibea says, (I honestly don't know the details of the trial), but if the nurse gave unwarranted Chemotherapy. Then you should counter-sue the nurse. Get her nursing licence revoked. It's good/better for the medicinal community, that incompetent people shouldn't be handling medicine out to patients in the first place.

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Plus you should tell your dad to be more conscience of the law. And go to court. He could get jailed for not turning up.
We're not paying anything. My dad is responsible because he was the employer and I understand that. He did not kill teh patient however.
My father was told not to show up on most occasions. His lawyer told him not to. My dad has to listen to his lawyer.

I mean c'mon. If you disobey your lawyer, your pretty much screwed.

I'm not too sure I agree with the cap on punitive damages, some people really deserve getting the shit sued out of them. Large corporations consider $250,000 chump change, and it won't stop them from doing the same thing again. What we need is better educated and more responsible juries. I'm not sure how you'd do that, but I don't think the cap is a good idea.

I'm not too sure I agree with the cap on punitive damages, some people really deserve getting the shit sued out of them. Large corporations consider $250,000 chump change, and it won't stop them from doing the same thing again. What we need is better educated and more responsible juries. I'm not sure how you'd do that, but I don't think the cap is a good idea.


Yeah, a cap would actually encourage corporations to keep doing what they're doing. Definately not a good choice, a punitive damages cap.

Sued for half a billion dollars? Sounds a bit iffy. Especially when you consider the total amount of money gained through suing in the entire nation of Austrailia last year was the same figure.

Sued for half a billion dollars? Sounds a bit iffy. Especially when you consider the total amount of money gained through suing in the entire nation of Austrailia last year was the same figure.


You'd be surprised. Lawsuits in America can be totally outrageous.

My father was told not to show up on most occasions. His lawyer told him not to. My dad has to listen to his lawyer.

Oh okay.

Anyway, this case is going to last for a long long time, Plus the insurance company should be the one handling the case. It's ridiculous and they definitely wouldn't get their $600mil. Eventually it'll be reduced to some reasonable damages.

Fortunately, most of the ridiculously large awards are reduced on appeal. The press rarely reports this because the shock value of the huge awards interests people more.

Fortunately, most of the ridiculously large awards are reduced on appeal. The press rarely reports this because the shock value of the huge awards interests people more.
Obviously.

Sued for half a billion dollars? Sounds a bit iffy. Especially when you consider the total amount of money gained through suing in the entire nation of Austrailia last year was the same figure.
What do you mean iffy? I was there when it was issued, I saw the papaer on which it was issued, and I gave you my sources.