CHAMPAIGN COUNTY, Ill. – The judge who presided over the trial in which a jury rendered a $535 million verdict to a victim of sexual assault has denied all the defendant’s post-trial motions except a reduction of plaintiff’s punitive damages.
The case involved Simon Law’s client, who was raped when she was 13 years old at The Pavilion, a behavioral health center, by a 16-year-old patient with a history of violence.
The jury awarded the victim $60 million in compensatory damages along with $475 million in punitive damages against the defendants, The Pavilion Behavioral Health System.
“The evidence was overwhelming that the attack on (the victim) was the direct consequence of the utter disregard the Pavilion had for a pediatric unit that was already out of control before either (the victim or suspect) were admitted as patients,” Judge Jason Bohm wrote. “That profits controlled over patient safety was resoundingly clear at trial.”
Following the verdict, the defendants filed a motion for judgement notwithstanding the verdict, a new trial, and/or the remission of damages. Simon Law attorneys asked the Court to uphold the jury’s verdict, for costs, pre-judgement interest and post-judgment interest.
In a 34-page ruling, Judge Bohm affirmed the $60 million in compensatory damages and awarded the plaintiff’s request for pre- and post-judgement interest. The judge also reduced punitive damages to $120 million.
Simon Law Lead Attorney Tim Cronin served as lead counsel, and Simon Law Attorneys John G. Simon and Nathan Perlmutter served as co-counsel.
“The Court’s ruling still sends the strong message about accountability to companies that are supposed to keep people safe while they are in their care during their most vulnerable moments,” Cronin said. “We respect the Court’s decision on these motions and appreciate the thorough review the Court gave in this case.”
In his ruling, Judge Bohm wrote: “The evidence was overwhelmingly against The Pavilion…This was not a close case on the issue of liability.”
“Make no mistake, the compensatory award here is large by any measure,” Judge Bohm wrote. “But large does not mean excessive.
“Excessiveness is a function of proportionality. Great harms demand great awards.”
Judge Bohm also noted in his ruling that, “No meaningful changes were made after the rape. If (the victim and the suspect) were admitted today, the same horrible outcome seems likely.”
That said, Judge Bohm wrote that he was “duty-bound” to reduce the punitive damages.
“There is ample evidence of the Pavilion’s wanton disregard but there is no evidence of actual malice or an intent that (the victim) be harmed. Therefore, the punitive damages award must be ‘on the low end of the scale.’”
He continued: “Given the already significant compensatory award in this case, the Court believes doubling the compensatory award is sufficient to satisfy the punitive goals of retribution and deterrence. This Court recognizes the enormity of reducing a jury award by well over a quarter billion dollars with the stroke of a pen and does not do so lightly.”
Defendant argued punitive damages should be set aside entirely because the case implicated healing arts malpractice and not ordinary negligence. Illinois law prohibits punitive damages in medical malpractice cases.
The judge disagreed with the defendant and stated that it does not take a medical expert to recognize that Pavilions housing practices were “doomed to fail.”
“Those failures implicated the administrative and management duties of the Pavilion in providing its patients a safe place to sleep at night,” the judge wrote.
Defendants also argued Simon Law attorneys erred during closing arguments when telling the jury its decision could help deter the same conduct at other facilities.
“They’re paid to protect, and they profit from neglect,” Cronin told the jury.
In denying defendant’s motion for a new trial, Judge Bohm noted that the defendant did not object to any of the statements Simon Law attorneys made during closings.
“This type of gamesmanship cannot be rewarded with a do over,” Judge Bohm wrote.
Judge Bohm’s ruling on the defendant’s post-trial motions concludes the proceedings at the trial court level. The Pavilion now has the opportunity to appeal these rulings to the Fifth District Appellate Court in Illinois.
Media Contact:
Christine Byers
Simon Law Director of Marketing & Communications
cbyers@simonlawpc.com
