On Oct 13, 2003, plaintiff Vaughn Hollon, 53, a school teacher, was admitted to Brookwood Medical Center, a psychiatric institution in Birmingham, because he suffered from depression after losing his job.On Oct. 15, a mental health assistant brought him, along with nine other psychiatric patients, to an outdoor patio enclosed with a 12-foot-high iron fence. Hollon climbed from a cast-iron planter onto the fence, scaled the fence and fell 25 feet to an open parking deck. Both legs broken, he dragged himself 100 feet to the deck’s edge and plummeted 80 feet to his death. One nurse ran to Hollon as he dragged himself to the far side of the parking deck, but only reached him after he was over the rail.On behalf of Hollon’s estate, his family sued Brookwood, a wholly owned subsidiary of Tenet Healthcare Corp., for institutional negligence, seeking wrongful death damages. Plaintiff’s counsel alleged that the center had a non-existent or insufficient emergency response plan, insufficient supervision, untrained staff and did not meet safety codes.
Plaintiff’s counsel questioned about 10 Brookwood employees who testified during the trial, revealing that the employees contradicted one another about institutional rules.
For the plaintiff, Heidi Lennartz, chief executive officer of Mission Community Hospital in Panorama City, Calif., testified that Brookwood’s patio fence breached the standard of care.
Plaintiff’s counsel argued that the patio area did not comply with the standard of care. The fence that Hollon scaled had 5-inch deep horizontal cross bars and loops that could be used as toe holds, which, along with the 31-inch tall planter, provided leverage for him to climb the fence. Security expert Mike Cummings testified that the fence and planter created a dangerous situation and that patients should not have been allowed near a fatal drop-off.
Plaintiff’s counsel alleged that Brookwood did nothing to stop Hollon from dragging himself across the parking deck. Security cameras in the vicinity had been inoperative for years. Plaintiff’s counsel argued that the dispatcher didn’t know how to respond to the situation, and the entire staff lacked adequate training. For example, the security officer, who worked a second job as a fry cook, got in his truck and drove away from the hospital to the area where he usually caught escaped patients.
Plaintiff’s counsel called Dr. Tonia Werner, a professor at the University of Florida-Gainesville, who testified that Brookwood’s staff was inadequately trained to deal with a fence that negligently allowed patients access to a fatal drop-off. She agreed that one worker per 10 patients is inadequate, and also agreed that it should have prepared an emergency response plan even after previous patients escaped.
Brookwood Medical Center denied liability, though admitted that a standard of care was breached. Defense called on Nancy Jo Sandy, the director of a psychiatric unit in Tuscaloosa, who testified that the fence did not breach the standard of care.
Hollon died instantly from the fall. In Alabama, all awarded damages are punitive. Plaintiff’s counsel asked the jury to award no less than $5 million to serve as an example to deter future wrongdoing.
The jury found Brookwood Medical Center negligent in their care and awarded the Estate of Vaughn Hollon $12 million. The defense has appealed the decision.