Warren jury awards $2 million in case of negligent medical treatment
Published 12:00 am Tuesday, June 17, 2008
A Warren County jury awarded more than $2 million to a woman who has had to undergo several surgeries after alleged negligent medical treatment.
According to court documents, Dr. Stephen M. Slaughterbeck, who has died since the lawsuit was filed, prescribed Accutane to Tobi Proctor, 21, of Morgantown. The drug is effective in controlling acne in the majority of cases, but in a small percentage of cases actually causes an extreme rash of acne.
Accutane “cures” about half of those who take it. In the first few weeks of treatment, about one in five patients gets a little worse, and one in 500 patients gets much worse, according to the American Osteopathic College of Dermatology.
The lawsuit claims that in this case, Slaughterbeck did not follow up with Proctor to ensure that she did not have a negative reaction to the prescription.
The lack of care resulted in Proctor having a six-month outbreak of extreme acne, which has resulted in at least seven surgeries, said Chris Meinhart, one of two Louisville attorneys representing Proctor.
Proctor’s outbreak has left her permanently disfigured, Meinhart said.
The jury found on June 10 that Slaughterbeck failed to comply with his medical duty and Graves-Gilbert Clinic was also found liable. The jury deliberated for less than an hour.
This case is not an indictment of Graves-Gilbert Clinic, Meinhart said – this involved one doctor who is no longer with the clinic.
This was an isolated incident, agreed Brett Oppenheimer, Proctor’s other attorney.
It remains to be determined if the case will be appealed, said John David Cole, who represented Slaughterbeck and the clinic.
“In my 44 years of practicing law and based upon the evidence, I was absolutely shocked by the verdict,” Cole said.
The quickness of the verdict and the amount of the reward was shocking to both the defense and the plaintiffs, he said.
“The jury sent a message with the quick verdict and giving us everything we asked for,” Meinhart said.
This was an educated jury, Meinhart said, that listened intently and took notes throughout the entire trial..
“There’s no question in my mind they got it. They understood,” Meinhart said.
Proctor has reached a plateau in terms of procedures she can have to improve her appearance, he said.
“She may have to have additional procedures as she gets older,” Meinhart said.
It is also possible that Proctor might be able to have her appearance restored through improvements in medical technology, Oppenheimer said.
Proctor was given $16,050 for past medical bills and $2 million for pain and suffering.
“This case wasn’t about the money for her,” Oppenheimer said.
It was about validation for what she had been through, he said. It was also about the doctor and clinic not accepting responsibility.
“Tobi was prepared for a resolution from the time this case began,” Meinhart said.
There were a number of chances to settle this case, but that never occurred, he said.
Proctor has moved on with her life and will graduate from college in the spring and become a nurse, Meinhart said. She is also engaged to be married.