Florida Verdicts

Plaintiff(s):

Sheryl Scott-Duns (Female, 58 Years), 

Estate of Justin(deceased) Scott-Duns (Male, 23 Years)

Plaintiff Attorney(s):

Henry E. Valenzuela;
Valenzuela Law Firm, PA;
Tampa,
FL,
for
Sheryl Scott-Duns, Estate of Justin(deceased) Scott-Duns

Plaintiff Expert(s):

Judy Canterbury; RN; Nursing; Westlake Village,
CA called by:
Henry E. Valenzuela ■ Kenneth Stein; M.D.; Emergency Medicine; Chesterfield,
MO called by:
Henry E. Valenzuela

Defendant(s):

Life Concepts, Inc.

Defense Attorney(s):

Michael P. McCahill;
Callahan & Fusco LLC;
Ft. Lauderdale,
FL,
for
Life Concepts, Inc. ■ Thomas J. Sadler;
Callahan & Fusco LLC;
Ft. Lauderdale,
FL,
for
Life Concepts, Inc.

Defendant Expert(s):

Michael Stone;
Emergency Medicine;
Cambridge,
MA called by:
Michael P. McCahill, Thomas J. Sadler

Insurer(s):

QBE Insurance Group ($2 million policy limit) for Life Concepts, Inc.

On March 12, 2013, at 1 p.m. Justin Scott-Duns, 23, disabled, choked on his own vomit while in the care of his caregivers at Quest’s Adult Day Training Center in Orlando. Scott-Duns was taken to an emergency room where he died later that day from asphyxiation. Sheryl Scott-Duns, as personal representative of the estate of her son, sued Life Concepts, Inc., d/b/a Quest, Inc. a/k/a Quest’s Adult Day Training Center. The estate alleged Quest Adult Day Training Center was negligent in supervising and monitoring Justin and that as a result he choked on his vomit and died of asphyxiation. Justin suffered from full cerebral palsy and was confined to a wheelchair. He was unable to walk, talk or feed himself. The estate alleged that he was in a room with other disabled persons having lunch. The estate alleged that Justin apparently became sick after finishing lunch, vomited, then choked on his vomit. The estate’s medical experts testified that staff members should have immediately moved Justin to the nurse’s room when he began vomiting. In addition, they opined that nurses should have been right at his side initiating CPR to keep his air path open. They further opined that since he was unable to move, it was essential for nursing staff to immediately assist him with keeping his head in a forward position to prevent him from choking. They opined that Justin asperated on vomit in his lungs which then cut off the oxygen supply to his brain, rendering him brain dead. Defense counsel for Life Concepts denied negligence. Life Concepts’ emergency medical expert testified that Justin’s asperation was a sudden, unexpected emergency that happened in two to three minutes and the staff reacted as fast as it could.

Sheryl Scott-Duns sought to recover compensatory damages for mental pain and suffering, as a result of the death of her son. She claimed she spent a lot of time with her son, from the time he was born with cerebral palsy. Sheryl claimed it was very difficult for her to care and raise her disabled son, that she was extremely close to him and was devestated by his sudden death. The defense did not actively dispute the estate’s damages.

The jury found Life Concepts, Inc. negligent. The jury determined that the estate’s damages totaled $8 million.

Sheryl Scott-Duns: $8,000,000 Personal Injury: emotional pain and suffering

Judge:

Bernard C. Silver

Demand:

$2 million

Offer:

None

Trial Length:

1
 weeks

Trial Deliberations:

1
 days

Jury Composition:

5 male/ 1 female

Post Trial:

Life Concepts, Inc.’s Motion for a New Trial was denied.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.