News
Personal Injury & Torts
Jul. 27, 2002
Paying Price For Freedom
To underscore the allegedly inadequate medical care a diabetic prison inmate received, his attorney pointed out to the jury that the defense couldn't identify the facility's chief medical officer.
The attorney claims that the defense, to its detriment, portrayed the "benefits" of the plaintiff becoming a quadriplegic after he slammed headfirst into a door during a hypoglycemic episode.
FACTS
Authorities had locked up David Padilla at a minimum-security prison in Norco since January 1997.
On April 10, 1998, Padilla, 33 at the time and a diabetic, received an insulin shot before breakfast. Afterward, he went back to his "dorm" room to take a nap. When he awoke, he allegedly suffered from hypoglycemia, which is caused by a drop in the body's level of blood sugar. The symptoms include blurred vision, disorientation, slurred speech and a lack of coordination.
Although Padilla allegedly flailed his arms for up to 10 minutes, the prison guard on duty did not summon medical assistance because he believed that the inmate was "goofing around."
Padilla ended up hitting his head on a door and broke his neck. As a result, he's a quadriplegic.
CONTENTIONS
P - During his custody, Padilla did not receive adequate medical care for his diabetes. The defense compounded its negligence by failing to timely call for medical help during Padilla's hypoglycemic episode.
D - Prison officials never acted below the standard of care. The plaintiff's injuries were self-inflicted.
No One in Charge
According to Newport Beach plaintiffs' attorney John W. Barton, a prison's chief medical officer establishes and implements the facility's medical procedures.
But the defense never clearly identified the person in charge, Barton says.
At various times during discovery, the defense named three doctors as the head physician.
At trial, Barton called each to the stand.
"The first two pointed the finger at the third," Barton says. "The third, who previously denied any responsibility, testified, 'I guess I was the chief medical officer at the time, but I didn't know it until now.'"
To the jury, such confusion at the top indicated that the plaintiff didn't receive adequate care, Barton says.
"The jury was appalled that no one wanted to take responsibility for running the health care services at the prison," he says.
David F. Taglienti, deputy state attorney general, admits that opposing counsel's argument had a certain appeal.
But Taglienti says that, regardless of who held the largely administrative post of chief medical officer, the plaintiff's treating physicians did a good job. They regularly checked his blood sugar level. And they advised him to carry in his pocket a sugary snack with him at all times in the event that he had a diabetic episode. But he didn't follow their instruction on the day of the incident, Taglienti says.
Standing by Approach
The defense hung itself by making a ridiculous claim about the "benefits" of the plaintiff's quadriplegia, Barton says.
"After defense counsel's argument, it was just a question of how many millions they were going to give the plaintiff," he says.
Taglienti stands by his approach.
He points out that, as a result of the injury, Padilla was released early from prison and met and became romantically involved with his caregiver.
"I'm just sort of looking at the glass half full," he says.
The attorney claims that the defense, to its detriment, portrayed the "benefits" of the plaintiff becoming a quadriplegic after he slammed headfirst into a door during a hypoglycemic episode.
FACTS
Authorities had locked up David Padilla at a minimum-security prison in Norco since January 1997.
On April 10, 1998, Padilla, 33 at the time and a diabetic, received an insulin shot before breakfast. Afterward, he went back to his "dorm" room to take a nap. When he awoke, he allegedly suffered from hypoglycemia, which is caused by a drop in the body's level of blood sugar. The symptoms include blurred vision, disorientation, slurred speech and a lack of coordination.
Although Padilla allegedly flailed his arms for up to 10 minutes, the prison guard on duty did not summon medical assistance because he believed that the inmate was "goofing around."
Padilla ended up hitting his head on a door and broke his neck. As a result, he's a quadriplegic.
CONTENTIONS
P - During his custody, Padilla did not receive adequate medical care for his diabetes. The defense compounded its negligence by failing to timely call for medical help during Padilla's hypoglycemic episode.
D - Prison officials never acted below the standard of care. The plaintiff's injuries were self-inflicted.
No One in Charge
According to Newport Beach plaintiffs' attorney John W. Barton, a prison's chief medical officer establishes and implements the facility's medical procedures.
But the defense never clearly identified the person in charge, Barton says.
At various times during discovery, the defense named three doctors as the head physician.
At trial, Barton called each to the stand.
"The first two pointed the finger at the third," Barton says. "The third, who previously denied any responsibility, testified, 'I guess I was the chief medical officer at the time, but I didn't know it until now.'"
To the jury, such confusion at the top indicated that the plaintiff didn't receive adequate care, Barton says.
"The jury was appalled that no one wanted to take responsibility for running the health care services at the prison," he says.
David F. Taglienti, deputy state attorney general, admits that opposing counsel's argument had a certain appeal.
But Taglienti says that, regardless of who held the largely administrative post of chief medical officer, the plaintiff's treating physicians did a good job. They regularly checked his blood sugar level. And they advised him to carry in his pocket a sugary snack with him at all times in the event that he had a diabetic episode. But he didn't follow their instruction on the day of the incident, Taglienti says.
Standing by Approach
The defense hung itself by making a ridiculous claim about the "benefits" of the plaintiff's quadriplegia, Barton says.
"After defense counsel's argument, it was just a question of how many millions they were going to give the plaintiff," he says.
Taglienti stands by his approach.
He points out that, as a result of the injury, Padilla was released early from prison and met and became romantically involved with his caregiver.
"I'm just sort of looking at the glass half full," he says.
- Eron Ben-Yehuda
#298338
Eron Yehuda
Daily Journal Staff Writer
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