Jury Verdict Submission & Research

On Dec. 18, 2006, Vincent Smith underwent the surgical removal of hardware that had been placed in his body during a prior orthopedic surgery. The surgery was performed at Indiana University Health Methodist Hospital in Indianapolis, IN. After the surgery, Smith was administered several opiate pain medications, including hydrocodone, morphine (PCA), Demerol, Lortab, and Fentanyl. Smith subsequently died, and the Marion County Coroner's Office determined that the death occurred as a result of combined drug intoxication (opiate) while hospitalized.

On Sept. 5, 2012, Vincent Smith's widow, Monica Smith, filed a medical negligence action against Indiana University Health f/k/a Clarian Health Partners, Inc. d/b/a Methodist Hospital in the Indiana Superior Court for Marion County. Through an amended complaint filed on Aug. 23, 2016, plaintiff asserted claims for wrongful death and loss of consortium. Plaintiff maintained that defendant and its employees breached the standard of care by failing to properly monitor and administer pain medication to Smith and by failing to monitor Smith himself.

The matter proceeded to a jury trial that was presided over by Judge Heather Welch. According to information provided by plaintiff's counsel, the primary issue in the case was whether the decedent died from a morphine overdose from a PCA pump combined with other opiates after surgery. The PCA pump stores all information on the administration of morphine from beginning to end and the nurses were required to document the cumulative doses The hospital, however, scuttled the pump right after Smith died, and plaintiff's motion for spoliation was granted. As a result, plaintiff was able to present an instruction allowing for the jury to decide the morphine evidence would have been unfavorable to the defendant. Plaintiff's counsel further stated that the case was complicated by the lack of evidence in the medical record of how much morphine was administered, but plaintiff did show that nurses failed to follow hospital policies in monitoring and assessing the decedent, including properly documenting the morphine.

After two and a half hours of deliberation, the jury asked the judge if they could award more than plaintiff requested, and they wanted to know what plaintiff's attorney fees were in conjunction with that question. On Oct. 7, 2016, the jury returned a verdict for the plaintiff, awarding her the $ 2,000,000.00 in damages that had been requested during trial. The award was capped at the statutory limit of $ 1,250,000.00 and judgment was entered in that amount.

Plaintiff was represented by Scott A. Benkie and Douglas A. Crawford of Benkie & Crawford in Indianapolis, IN. The hospital was represented by Kelly J. Pitcher of Clendening Johnson & Bohrer, PC in Indianapolis, IN.

Lexis Advance subscribers may view the complete summary here: Monica Smith, individually, and as Personal Representative of the Estate of Vincent Smith v. Indiana University Health f/k/a Clarian Health Partners, Inc. d/b/a Methodist Hospital; 2016 Jury Verdicts LEXIS 11740

 For all your jury verdict and settlement needs, please visit the LexisNexis Jury Verdicts and Settlements on Lexis Advance®  and LexisNexis® Verdict & Settlement Analyzer.

For more information about LexisNexis products and solutions connect with us through our corporate site.