On September 28, US District Judge Sue Myerscough issued a 55-page order affirming a jury verdict in excess of $8 million for firm pro bono client William Kent Dean against Wexford HealthSources, Inc. The order, which denied the defendants’ motion for judgment as a matter of law and motion for a new trial, includes approximately $700,000 in attorney’s fees and costs. In her ruling, Judge Myerscough noted, “This case was about a kind of deliberate indifference that is more subtle and insidious than the kind of deliberate indifference that screams out with obvious, easy-to-find evidence. The skill, resources, and tenacity of Plaintiff’s attorneys are the reason Plaintiff was able to uncover and prove deliberate indifference.”
“We are pleased with Judge Myerscough’s order, which sends a strong message about the systemic deficiencies in medical care involved in this case. Most importantly, we are hopeful that Mr. Dean and his family will now promptly receive the resources necessary to support his care,” said Jenner & Block Partner Joel T. Pelz, who leads the matter for the firm.
In December 2019, a unanimous jury in Springfield, IL returned a more than $11 million verdict for Mr. Dean, who was incarcerated at the time. The jury found that Wexford 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. The result concluded a seven-day trial before US District Judge Sue Myerscough in the Central District of Illinois. Mr. Dean secured early release from prison in January.
Hehas 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.
In her decision to set punitive damages at $7 million, Judge Myerscough wrote: “This amount recognizes the reprehensibility of Wexford’s conduct and the harm Plaintiff suffered,should be sufficient to deter future similar conduct, and also stays within the bounds of due process, in the court’s judgment.”
Paralegal Kevin O. Garcia assisted Mr. Pelz in the matter.