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Personal Injury - Verdict in favor of Plaintiff in the amount of US$950,000

Case Name:LeAnn Erikson v Mid Columbia Medical Center (MCMC)
Case Number:1300266CC
Verdict Date:2015-04-17
Outcome TypeJury Verdict
Court:Hospital Administration Negligence, Hospital Administration Gross Negligence (by clear and convincing evidence that the defendant has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indiffe
Incident Date:

Plaintiff's Complaint:
Hospital Administration Negligence, Hospital Administration Gross Negligence (by clear and convincing evidence that the defendant has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others)

Injury, Damage, or Loss:
Plaintiff was a patient of Frederick Field, MD, hospital anesthesiologist, at Mid-Columbia Medical Center in The Dalles, Oregon, in January 2010. She was sexually assaulted while under anesthesia for a blood patch procedure by Frederick Field. While sedated, Plaintiff was lying on her side when Field forced her hand onto his penis and forced patient to masturbate him. During this assault, Plaintiff regained consciousness and Field administered more anesthesia to again render her unconscious.

Defendant's Wrongdoing:
Plaintiff contended that Defendant MCMC had knowledge of Field' predatory and illegal actions as early as 2008 and did not take action to protect its patients. In 2008, a patient called hospital administrators and reported being sexually assaulted during a surgery by Field. Hospital administrators did not investigate this claim and did not report this to police for investigation. In February 2011, a second patient told a nurse after surgery that Field sexually assaulted her during surgery. Hospital administrators again did not investigate or report this to police, or remove Field from the hospital. In May 2011, a third victim (who was assaulted in 2007) reported the assault to police and an investigation against Field was opened. Hospital administrators did not tell police about the 2008 report, and did not remove Field from his active position at the hospital as an anesthesiologist until late July, 2011.\n\nIn addition to patient complaints about Field' predatory sexual assaults, hospital administrators received notice from staff nurses of Field' inappropriate sexual behavior towards them. In all, 19 patients reported being abused by Field, including one employee who was raped while under anesthesia. \n\nPolice arrested Field and charged him with sexual abuse and rape in 2011. He later pled guilty and was sentenced to a 23 year prison sentence.

Plaintiff's Attorneys:
Thomas D'Amore, D'Amore Law Group, and Nick Kahl, D'Amore Law Group, Portland, Oregon\nAddress: 4230 Galewood Street, Suite 200, Lake Oswego, OR 97035\n503-222-6333\nEmails: tom@damorelaw.com, nick@damorelaw.com

Defendant's Attorneys:
Robert Keating & Peter Eidenberg, Keating Jones Hughes, 1 SW Columbia, Ste 800 Portland, OR\n503-222-9955\nrkeating@keatingjones.com\nAndrew Efaw and Ellen Herzog, Wheeler Trigg O'Donnell, 370 17th St, Ste 4500 Denver, CO\n303-244-1800\nefaw@wtotrial.com\nHerzog@wtotrial.com

Judge/Arbitrator/Mediator:
Honorable Paul Crowley\nWasco County Circuit Court

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Published on Oct-15-15


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