C.H. and the Center for Special Needs Trust Admin. v. J. S. Pendergraft, M.D. and the Orlando Women's Center
Jul 21, 2011OUTCOME: After a 5-day trial, the Jury awarded $18,737,660 in compensatory damages and $18 million in punitive damages. Defendants appealed the final judgments for the Plaintiff, both of which were affirmed on 12-26-2012.
In 2001, C.H., sought a second trimester pregnancy termination due to concerns regarding her health. Defendant's clinic was staffed solely by medical assistants, who initiated a chemical termination p ... rotocol established by Clinic owner/medical director Pendergraft and to be followed while he was serving a prison term. After 10 hours, staff ejected C.H. from the Clinic, while in active labor, because she asked for a doctor. No physician examined, counseled or even saw C.H., in violation of Florida law and contrary to all consent forms and information provided to the patient. C.H. thereafter presented to an Orlando hospital where she gave birth to an extremely pre-term child -- who is now 11 years old -- who suffers from catastrophic medical conditions. The monetary damages sought by the Plaintiffs were those associated with the child's life care needs and medical expenses only, as well as punitive damages.