National Verdicts

Plaintiff(s):

Joseph Camacho (Male, 80s), 

Estate of Dean Camacho (Male, 48 Years)

Plaintiff Attorney(s):

John B. Marcin;
Marcin Lambirth, LLP;
Tarzana,
CA,
for
Joseph Camacho, Estate of Dean Camacho ■ Jennifer C. Price;
Marcin Lambirth, LLP;
Tarzana,
CA,
for
Joseph Camacho, Estate of Dean Camacho

Plaintiff Expert(s):

F. Rudnick; M.D.; Psychiatry; Santa Monica,
CA called by:
John B. Marcin, Jennifer C. Price ■ David Posey; M.D.; Pathology; La Canada,
CA called by:
John B. Marcin, Jennifer C. Price ■ Timothy Hawkins; F.A.C.H.E., C.H.S.P., M.B.A.; Hospital Administration & Procedures; Cape Coral,
FL called by:
John B. Marcin, Jennifer C. Price

Defendant(s):

Angela Guzman, 

Adnan Elias Khoury, M.D., 

Pacifica of the Valley Corp., 

Dharmapalan Vyravi Pillai M.D., 

Los Angeles County Department of Mental Health, 

Los Angeles County Office of the Public Guardian

Defense Attorney(s):

Vincent P. D’Angelo;
Wilson, Elser, Moskowitz, Edelman & Dicker;
Los Angeles,
CA,
for
Pacifica of the Valley Corp. ■ None reported;

Los Angeles,
CA,
for
Angela Guzman, Adnan Elias Khoury, M.D., Dharmapalan Vyravi Pillai M.D., Los Angeles County Department of Mental Health, Los Angeles County Office of the Public Guardian

Defendant Expert(s):

Thomas Ciesla;
Psychiatry;
Santa Monica,
CA called by:
Vincent P. D’Angelo ■ Michael Fishbein;
Pathology;
Los Angeles,
CA called by:
Vincent P. D’Angelo

Insurer(s):

American International Group Inc. for Pacifica of the Valley Corp.

On June 26, 2011, plaintiff’s decedent Dean Camacho, 48, was stabbed to death by his assigned roommate, Jerry Romansky, at Pacifica Hospital of the Valley, an acute care facility in Sun Valley. Romansky had a long history of severe mental illness, and was determined to be a paranoid schizophrenic with bipolar disorder. He also had a history of violent and aggressive behavior. In March 2010, Romansky kicked out a window in a police vehicle. As a result, he was admitted to Pacifica Hospital of the Valley on a 5150 hold, indicating that Romansky was a danger to himself and others. During that hospital stay, Romansky tried to choke a patient with a towel, causing Pacifica staff to intervene in order to save the patient. As a result, Pacifica staff noted in their records that Romansky was "extremely violent and unpredictable in his moods and behavior." Romansky was then readmitted to Pacifica Hospital of the Valley on June 19, 2011, on another 72 hour, 5150 hold. On June 26, 2011, the day before Romansky was scheduled to be discharged from the hospital, Romansky repeatedly stabbed Camacho with a blunt toilet bracket while they were in their shared bathroom. Camacho died at the scene. The decedent’s father, Joseph Camacho, sued the operator of Pacifica Hospital of the Valley, Pacifica of the Valley Corp., alleging that Pacifica’s actions constituted dependent adult care abuse, resulting in the wrongful death of his son. The Los Angeles County Department of Mental Health, the Los Angeles County Office of the Public Guardian and the Deputy Public Conservator/Administrator for the Los Angeles County Office of the Public Guardian, Angela Guzman, were also initially named as defendants. However, the Department of Mental Health was let out of the case, and Guzman and the Office of the Public Guardian were ultimately let out on summary judgment. Two of the decedent’s treating doctors were later substituted in for "Doe" defendants, but they settled out of the case prior to trial. Thus, the matter proceeded to trial against Pacifica of the Valley only. Plaintiff’s counsel contended that throughout Romansky’s stay at Pacifica Hospital of the Valley, his physicians noted that Romansky presented a danger to himself and to others and that Romansky had suicidal and homicidal ideations. Counsel also contended that Pacifica’s physicians noted that Romansky complained of hearing voices that commanded him to harm others. Counsel further contended that Pacifica’s own multi-disciplinary treatment plan highlighted Romansky’s potential for violence toward others and labeled Romansky as "DTO" (danger to others), explicitly noting that Romansky claimed he heard "voices telling him to hurt others." Thus, plaintiff’s counsel argued that Pacifica of the Valley Corp. failed to direct staff to monitor Romansky on appropriate time intervals and failed to place Romansky in isolation, in violation of Pacifica’s own policies. Counsel contended that, instead, Pacifica allowed Romansky’s supervision levels to revert to the lowest default setting, which was on a 30-minute watch. Plaintiff’s counsel contended that by the day of the murder, Romansky was manifesting obvious signs of extreme agitation, in that Romansky repeatedly accosted nurses and reported that he was extremely distressed about his upcoming discharge from Pacifica. However, counsel argued that despite these signs of agitation, Pacifica left the decedent and Romansky completely unmonitored for over 30 minutes. Thus, plaintiff’s counsel argued that Pacifica staff consciously disregarded both the decedent’s and Romansky’s safety by failing to adhere to policies and procedures specifically designed to ensure the patients’ safety. Counsel also argued that Pacifica departed from standard hospital policies and safety procedures by not removing an exposed metal bracket, an obvious hazard, that was used to hold a box covering plumbing fixtures on the wall, resulting in Romansky removing the bracket and using it to attack Camacho. Counsel for Pacifica of the Valley Corp. contended that all of Romansky’s physicians agreed that Romansky was improving and that, prior to the incident, Romansky’s physicians were debating whether to discharge him or not. Thus, counsel argued that there was no evidence of any Health and Safety Code violations and that although Romansky had stated suicidal and homicidal ideations, he did not voice those things before the attack. Counsel also argued that there was no way to know whether any patient (amongst the many patients that were put in the hospital on involuntary holds for being a danger to themselves or others) would try to kill another patient. Pacifica’s counsel contended that the bracket holding the box onto the wall in the bathroom had been inspected by accrediting agencies and the state of California and that no one considered the item to be dangerous. In addition, Pacifica’s counsel argued that there was comparative fault by each of the decedent’s physicians and by Romansky.

Dean Camacho was fatally stabbed with an exposed metal bracket that Romansky had removed from a toilet fixture in their assigned room. According to plaintiff’s counsel, Romansky stabbed Camacho over 20 times, leaving him nearly decapitated with blood covering the bathroom. Camacho died at the scene. He was 48 years old. The decedent’s father sought recovery of damages for the wrongful death of his only son, whom he allegedly had a close relationship with. The decedent’s father claimed that he kept an active "800" number for his son and that he drove from Stockton to Los Angeles (a six-hour drive one-way) at least two times a month to see his son so that he could keep being involved in his adult son’s life. Thus, plaintiff’s counsel asked the jury to award the decedent’s father compensatory damages as well as $2 million in punitive damages. Pacifica’s counsel disputed the plaintiff’s claim that the decedent was stabbed over 20 times.

On Jan. 23, 2015, the jury returned a unanimous verdict against Pacifica of the Valley Corp., finding that Pacifica was 100 percent liable for the decedent’s wrongful death. Thus, it determined that the plaintiff’s compensatory damages, which included funeral and burial expenses, totaled $2.26 million. The jury also found that Pacifica had acted with malice or oppression. As a result, the jury was instructed to return on the following Monday to hear evidence and arguments on punitive damages. On Jan. 26, 2015, after evidence was again presented to the jury, and after attorneys argued for and against punitive damages, the jury determined that the decedent’s father should be awarded $3 million in punitive damages against Pacifica. Thus, the decedent’s father’s total recovery was $5.26 million. However, defense counsel noted that there is a debate as to whether the limitation on the amount of non-economic damages a plaintiff can be awarded for medical negligence under "MICRA" applies to elder/dependent abuse claims. Plaintiff’s counsel also noted that there is an appeal pending before the California Supreme Court to undo the MICRA limits and that if the court rules favorably with the plaintiffs, it would likely increase the MICRA limits.

Judge:

Malcolm Mackey

Demand:

$488,000 (C.C.P. § 998)

Offer:

$175,000 (C.C.P. § 998)

Trial Length:

2
 weeks

Jury Vote:

12-0 on everything, except whether punitive damages should be awarded (which was 11-1); 12-0 for the amount of punitive damages

Post Trial:

According to plaintiff’s counsel, since the jury found that Pacifica had committed elder abuse by "clear and convincing" evidence, including recklessness, the plaintiff is entitled to a recovery of attorney fees, which is expected to exceed $900,000. Counsel also claimed it is expected that the plaintiff will recover pre-judgment interest at 10 percent, which could total roughly $600,000. Pacifica’s counsel moved for new trial and is contemplating an appeal.

This report is based on information that was provided by counsel for the plaintiff and for Pacifica of the Valley Corp. Counsel for the remaining defendants were not asked to contribute.