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A Brooke County jury recently found Weirton Medical Center liable in the death of a 78-year-old patient and awarded his family $3.5 million in compensatory damages.
The jury also assessed $2 million in punitive damages May 18 against the hospital.
According to the amended complaint filed by the patient's wife, Weirton Medical Center altered and concealed events in his medical records in an attempt to cover up the negligence and time the patient suffered before the patient's death.
Fitzsimmons Law Firm attorneys Bob Fitzsimmons and Brent Wear obtained the jury verdict against Weirton Medical Center. The jury assessed $1.5 million in compensatory damages for the conscious pain and suffering endured by the plaintiff's decedent prior to his death and $2 million for the family's sorrow, mental anguish and loss of society, companionship, guidance, advice and services of the deceased.
The jury also found that Weirton Medical Center acted with a "conscious, reckless and outrageous indifference to the health, safety and welfare of the deceased," which allowed them to consider the assessment of punitive damages.
A second phase of the trial was then held and both parties presented additional evidence and argument concerning the punitive conduct of the hospital and whether punitive damages were warranted. The jury returned the $2 million punitive damage verdict.
The patient was initially admitted to the hospital for pneumonia. During the course of his stay at the hospital, he was intubated into his esophagus. The hospital was accused of not following standards of care related to that intubation. During the trial, there was also testimony that the person who intubated the patient was told it was not correct but ignored the warnings.
Evidence also was presented during the trial that Weirton Medical Center changed the patient's medical records after his death to conceal the length of time that the patient's breathing tube was left in his esophagus. Weirton Medical Center also failed to complete a mandatory incident report.
"Negligent medical practices are now the third leading cause of death in the United States," said Fitzsimmons. "We should all expect competent medical care for ourselves and loved ones."
"This verdict shows that the people of Brooke County and West Virginia understand that life is sacred and is something that we must always protect," said attorney Brent Wear.
Judge Jason A. Cuomo of the First Judicial Circuit presided over the trial.