Jenner & Block

Firm Wins $11 Million Jury Verdict for Imprisoned Pro Bono Client after Failed Cancer Diagnosis

On December 17, a unanimous jury in Springfield, IL returned a more than $11 million verdict for incarcerated pro bono client William Kent Dean.  The jury found that Wexford Health Sources, Inc. and several of its employees violated Mr. Dean’s federal civil rights (8th Amendment, deliberate indifference) and committed both institutional negligence and medical malpractice under Illinois law.  With a team led by Jenner & Block Chair Craig C. Martin, the result concluded a seven-day trial before US District Judge Sue Myerscough in the Central District of Illinois.

Mr. Dean has stage-4 metastatic kidney cancer, which is terminal.  While imprisoned in the Taylorville Correctional Center in central Illinois, he began showing obvious signs of serious illness, including gross hematuria, or visible blood in his urine, in late 2015.   Despite his alarming symptoms, Mr. Dean did not receive proper diagnostic testing for four months and did not receive surgery for seven months.  Jenner & Block was appointed as his pro bono counsel in 2017.

“We are very pleased that the jury saw fit to compensate our client and his family for the tragic events surrounding his care.  The delays in providing that care essentially have become a death sentence for Mr. Dean,” said Mr. Martin.  “As his pro bono counsel, every member of our team has been privileged to tell his story, give a voice to his suffering and make the defendants accountable for this very serious error in care.”

At issue in the case was Wexford’s policy of “collegial review,” a process intended to address clinically appropriate and cost-conscious care that Wexford used instead to avoid paying for necessary care.  From December 2015 to July 2016, while Mr. Dean was held at Taylorville Correctional Center, the delays occasioned by collegial review allowed Mr. Dean’s cancer to grow and metastasize. In closing, Mr. Martin asked the jury to consider not only the pain, suffering and mental anguish Mr. Dean had endured, but also the opportunity to send a message to Wexford that collegial review cannot be used to delay care.

The jury’s award included an assessment of $10 million in punitive damages against Wexford itself.

In addition to Mr. Martin, Jenner & Block trial team members included Partner Joel Pelz and Associates William M. Strom, Chloe Holt and Nathaniel K.S. Wackman.  The team was assisted by paralegals Dan Rooney, Kevin Garcia and Eric Herling.  In addition to their service, several trial members also provided their services pro bono, including trial director Dylan Green of Green Legal Technology and the trial graphics professionals, Kent and Val Bell of Discoll Bell LLC.

The case name is Dean v. Wexford Health Sources, et al.