Trial Magazine

Verdicts & Settlements: Professional Negligence

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Improper monitoring on inpatient psychiatric unit

November 2024

Doe, a 13-year-old girl, struggled with depression and was admitted to a psychiatric unit at The Pavilion Behavioral Health System, a residential treatment center. Roe, a 16-year-old male psychiatric patient with an alleged history of violence, was placed in a room next to Doe’s. Roe allegedly covered multiple cameras in the unit with toothpaste and then raped Doe. She experienced PTSD and has not been able to return to school.

Doe’s mother sued The Pavilion Foundation, alleging that the defendant had failed to safely house patients and properly monitor surveillance cameras. Suit also claimed that the unit was inadequately staffed and that there were no consequences for patients who misbehaved.

The jury awarded $535 million, including $475 million in punitive damages.

Citation: Doe v. Pavilion Found., No. 2021L000176 (Ill. Cir. Ct. Champaign Cnty. May 3, 2024).

Plaintiff Counsel: AAJ member Timothy Cronin, AAJ member John Simon, and Nathan Perlmutter, all of St. Louis.

Plaintiff Experts: Loretta Sonnier, pediatric psychiatry, New Orleans; Joseph Sweeney, hospital security, New York City; and Lauren Richerson, psychology, Kansas City, Mo.