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Mobile Infirmary Mudical Center v. Hodgen10/31/2003
e nurse for that evening had assigned Byrd and Espiritu separate patients, instead of having Byrd work under Espiritu's direct supervision. Espiritu testified that she understood that her responsibility in supervising Byrd was merely to answer any questions Byrd might have had.
Byrd testified that she had never administered digoxin before she administered it to Hodgen. Byrd stated that although normally her "nursing mentor" made telephone calls to a doctor about a patient, she believed that the nursing staff, in having her make the telephone calls to the doctor, was trying to help her get experience in speaking with the doctors. She said that she had telephoned doctors to advise them of the condition of their patients no more than five times before her call to Dr. Brown, and that she found such calls difficult. Byrd further admitted that when Dr. Brown prescribed the digoxin, she did not attempt to repeat his order to him or to confirm in any way the dosage he had prescribed. Byrd acknowledged that too much digoxin can be harmful to a patient.
Dr. Ray Lash, the Hodgens' medical expert, testified that Hodgen's symptoms after the digoxin overdose were consistent with digoxin toxicity. Dr. Lash further testified that, generally, digoxin that is to be given intravenously is delivered to hospitals in prepackaged vials, or ampules. According to Dr. Lash, a normal dosage of digoxin is about one-half of a vial, but the maximum dosage that should be administered to an average person is one vial. Dr. Lash testified that a medical professional in an intensive care unit should have known that medications are generally packaged so that one container is the maximum dose for one person. He further stated that a qualified nurse should have known something was wrong when, to administer the prescribed dose of digoxin to a patient, she had to use three vials of the medicine. Dr. Lash expressed his opinion that Byrd was inadequately trained, that she was put in a position where she was "in over her head," and that Mobile Infirmary failed to put safeguards into place to prevent Byrd's inexperience from hurting patients.
Mobile Infirmary elicited testimony at trial indicating that James Hodgens's medical bills were paid by Medicare and by a private insurer.
After the close of all of the evidence, the trial court charged the jury on negligence and wantonness and on compensatory damages and punitive damages. The jury deliberated for one day and returned the following verdict form:
"Claim of James Hodgen
"I. We, the Jury, find in favor of the Plaintiff, James Hodgen, and assess damages as follows:
"Past Damages: $0
"Future Damages: $0
"Punitive Damages (if applicable): $2,250,000.00
"Total Damages: $2,250,000.00
"Claim of Judy Hodgen
"II. We, the Jury, find in favor of the Plaintiff, Judy Hodgen, and assess damages as follows:
"Past Damages: $0
"Future Damages: $0
"Total Damages: $0
" [Signature]
"Foreman
"OR
"I. We, the Jury find for the Defendant, Mobile Infirmary Medical Center."
"
"Foreman"
After consulting with counsel for both parties as to any possible concerns they might have about the jury's verdict, the trial court entered a judgment in favor of James Hodgen awarding him $2,250,000 in punitive damages and a judgment in favor of Judy Hodgen awarding her $0. The trial court denied Mobile Infirmary's posttrial motions and refused to remit the punitive-damages award. In support of its refusal to remit the award, the trial cou
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