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$________ VERDICT Negligence in contributing to cause and in failing to prevent suicide of 15-year-old psychiatric patient.

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Originally published in The National Jury Verdict Review and Analysis (5362)
Cuyahoga County, Ohio

This action arose out of the suicide death of the 15-year-old female decedent which occurred while the decedent was an in- patient at the defendant Bellefaire Childrens Home. The plaintiff contended that the defendant negligently failed to properly monitor the decedent's anti-depressant regimen, permitting the decedent to stop taking the medicine and to hoard it until she accumulated an amount equivalent to a lethal dose.

The evidence indicated that the decedent was a patient at the defendant Bellefaire Childrens Home at the time of her death by suicide. The decedent had previously been at the Berea Childrens Home where she had been doing well for approximately one year.

Upon initially being transferred to the defendant Bellefaire in ________, the decedent did well through the summer of ________, but began showing signs of depression in the fall of ________. It was ultimately discovered that a make staff worker at Bellefaire was having inappropriate sexual contact with her. The worker was discharged and the County investigation determined that sexual abuse had occurred. Discovery revealed that other staff workers had, in fact, sexually abused other residents both before and after the instant situation.

The County investigator responsible for investigating sex crimes testified that at any given time he was investigating three to five allegations of sexual abuse of residents by staff workers at Bellefaire. The decedent was thereafter transferred to a more restrictive cottage. She was given Elavil, an anti-depressant.

Three successive blood tests showed that the decedent was not taking the medication as prescribed and that she was hoarding it.

The decedent gave a letter to the Bellefaire employees indicating that she was planning to commit suicide. She also placed a note on her door indicating the same thing. The plaintiff contended that no actions were taken to insure that she was taking her medication. The plaintiff overdosed on Elavil on February 28, ________ and died on March 17, ________.

The plaintiff contended that the defendants negligently failed to properly monitor the decedent's medication regimen, negligently failed to perform mouth checks each time she was given the medication, and negligently made it easier for the decedent to hoard the medication by increasing the dosage without ensuring that the decedent was taking the medicine as directed. The decedent's next of kin consisted of her two sisters and three brothers.

The defendant denied negligence and maintained that its care, treatment and supervision of the decedent was adequate and that the decedent would have committed suicide regardless of the measures taken by the defendant to prevent her from doing so. p 7 3 The jury found for the plaintiff and returned a verdict of $________, including $________ for the decedent's conscious pain and suffering and $________ for the decedent's wrongful death.


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