Jerry Carswell Patient Buried without Heart, Family Awarded $2 Million Dollars plus Sanctions Against ChristusPosted by Rose in High Proflie Trials
In what can only be said is ironic, Christus Saint Catherine’s Hospital in Katy Texas had a jury decision of $2 million dollars awarded against them to the family of Jerry Carswell. This is on top of the a href=”http://www.rosespeaks.com/downloads/misc/Carswell-Sanction-Order.pdf” target=”_blank”>$250 thousand dollar sanction awarded by the Court for the concealment of evidence during the pending of the case.
Ironic you ask? Well Texas has one of the toughest tort reform acts because Texas used to be the go to state for huge malpractice jury trials. Some have suggested in the past that the Texas Tort reform should have been named the O’Quinn Tort Reform after the late John M. O’Quinn who became a billionaire during his lifetime on class action medical cases.
If Christus Saint Catherine’s Hospital of Katy had stepped up and said “ooooooooppppppssssssss our mistake Mr. Carswell died”, the maximum the family could have been awarded in Texas was $250 thousand. It was the cover up that got them the $2 million dollar verdict. How come people never seem to learn it is the cover up that tends to be your undoing.
The jury got the case on Thursday September 10, 2010 and came back with the $2 million dollar verdict on Tuesday of this week, September 14. One million for actual damages, and one million for putative damages. This on top of the $250 thousand already awarded to the family as sanctions against Christus.
The verdict was not on causing the death but on the fraud after the death of Jerry Carswell in the cover up. That same old history lesson it is the cover up that will get you every time.
It was in May 2009 that KHOU of Houston reported that the family of Langham Creek High School track coach Jerry Carswell sued Christus after his death.
They claimed the hospital tried to cover up the cause of his death in part by removing Carswell’s heart during an autopsy — without asking for permission from relatives. It appears the jury agreed.
The hospital released a statement as expected highlighting that; “The jury found the hospital did not cause Carswell’s death” Chritus has of course said that they are planning to appeal the jury’s ruling of fraud. Carswell family lawyers stated they are pleased with the verdict and expect any appeal to fail.
Ah you should have just said, “Sorry we did it, but hey this is Texas so the life of your loved one has been bases by statute as worth $250,000 here is your check and have a nice day.”
My opinion is that they should pay the money and fade away, to appeal is going to give the legislature something to mull over in the next legislative session of 2011.
September 17, 2010
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