Connecticut Healthcare Negligence Lawsuit Yields $10M for Scott Case’s Wrongful Death

Estate Of Scott Case, Kathleen Case, Administratrix Vs. Connecticut Institute For The Blind D/B/A Oak Hill, Et Al

• Court: Connecticut State, Superior Court, Waterbury
• Case Number: UWY-CV18-6040435-S
• Filed: 30^thApril, 2018
• Judges: Alice Bruno, Barbara Bellis, James Abrams, Salvatore Agati, and Pierson
• Case Type:   T90 – Torts – All other
• Cause: Wrongful Death and Vicarious Liability

Parties Involved

Plaintiff(s): Kathleen Case Administrator of Estate of Scott Case

• Counsel for Plaintiff: Mills & Cahill LLC
• Expert witness for Plaintiff : Francisco J. Diaz | James H. Andrews |  Diana Lincoln

Defendant(s): The Connecticut Institute for the Blind d/b/a Oak Hill

• Counsel for Defendants: David G. Hill & Associates LLC
• Expert witness for Defendants: Ariela R Orkaby| Stacey Drezek |  Susan S. Williams | Vera F. Dolan

 Verdict Information

• Verdict Date: 20^thMarch, 2024
• Damages awarded to Plaintiff: $10 million

1. Non-Economic Damages – $4 Million
2. Punitive Damages – $6 Million

About the Case

Cause of negligence

Between September 2015 and May 23, 2016, Scott Case, diagnosed with moderate obstructive sleep apnea, resided at the Oak Hill intermediate care facility in Watertown, Connecticut. Oak Hill oversaw care provision, healthcare plans, staff training, and safety. They collaborated with Lincare, a sleep therapy services provider, for prescriptions, procedures, and equipment maintenance, crucial for Scott’s ResMed biPAP non-invasive breathing machine (Model: AirCurve 10S) for managing his sleep apnea.

During a May 19, 2016, follow-up, a Lincare technician found a malfunctioning humidifier in Scott Case’s machine. Despite noting the issue, Lincare failed to promptly replace the machine, due for full replacement within a week, contributing to Scott Case’s subsequent death.

On May 22, 2016, Oak Hill’s staff neglected to properly check on Scott Case every 30 minutes, as required, or ensure the security of his biPAP mask and tubing. Some staff lacked adequate training, compounding the risks to Scott’s health.

In the early hours of May 23, 2016, around 4 AM, a staff member found Scott Case unresponsive, yet there was a significant delay in initiating CPR or calling emergency services. CPR attempts began just before EMS arrived at 4:29 AM, with Scott Case pronounced dead at 4:38 AM. Combined negligence from Oak Hill and Lincare, regarding equipment, staff training, and care protocols, directly contributed to the tragic outcome.

Injury

As a result of the negligence of Oak Hill and Lincare, Scott Case suffered significant injuries and damages before his wrongful death. The negligent failure to replace the malfunctioning humidifier and the negligent lapses in staff checking led to Scott experiencing pain, suffering, and ultimately, death. Proper protocols, had they been followed, could have mitigated his suffering. Additionally, the negligent delay in initiating CPR and contacting emergency services further exacerbated his injuries.

Damages

The plaintiffs seek monetary damages from Lincare to cover the costs associated with Scott Case’s medical and nursing care related to the incident, including the expenses incurred leading up to his death. This includes but is not limited to, the costs of maintaining his ResMed biPAP machine, as well as any treatments or medications required due to the injuries sustained. Furthermore, the plaintiffs also seek compensation for burial and funeral costs associated with Scott Case’s death, acknowledging the emotional and financial burden placed upon them due to the negligence of Oak Hill and Lincare.

Jury Verdict

Jury awarded Kathleen Case, as Administrator of Scott Case’s Estate, $10 million in her lawsuit against The Connecticut Institute for the Blind d/b/a Oak Hill. The awarded sum comprised $4 million for non-economic damages and $6 million for punitive damages.

Court Documents:

1. Complaint
2. Verdict for Plaintiff