Case details

Plaintiff questioned treatment while under psychiatric hold

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On Oct. 12, 2011, at about 12 noon, plaintiff Doreen MacLellan, 41, was at a grocery store with her children in Dublin, Calif. The store manager became concerned about MacLellan’s behavior and called 911. Alameda County Sheriff’s Deputies Dinis and Alvarez responded and, after concluding that MacLellan posed a danger to herself or others, placed her under a 72-hour involuntary psychiatric hold pursuant to California Welfare & Institutions Code § 5150. They subsequently called an ambulance. After the paramedics arrived, they concluded that the situation was an emergency and because the county’s designated psychiatric treatment facility did not have an emergency room, they took MacLellan to ValleyCare Medical Center. Once at the medical center, a urine sample was taken by catheter, and MacLellan was placed in four-point restraints. At about 6:30 p.m., she was transferred to the designated psychiatric treatment facility, which was Alameda County Medical Center, where she was injected with Zyprexa, an antipsychotic. While still under the 5150 hold, MacLellan was placed under a 14-day hold under section 5250. She then remained under the 5250 hold at Alameda County Medical Center until her release on Oct. 25, 2011. MacLellan sued Deputies Dinis and Alvarez; an unidentified deputy; the deputies’ employer, the county of Alameda; ValleyCare Medical Center; and Alameda County Medical Center; MacLellan alleged that the defendants’ actions constituted state and federal civil rights violations, including assault, battery, intentional infliction of emotional distress, negligence, and a violation of the California Bane Act (Civil Code § 52.1). MacLellan’s complaint was filed in pro per in state court, but the county removed the case to federal court. The county and deputies were ultimately granted summary judgment in March 2014, leaving only the state law claims against the medical centers. However, the court declined to remand the case back to state court. Initially, MacLellan argued in part that there was no probable cause to believe that, as a result of mental illness, she posed a danger to herself or others. However, defense counsel contended that, at the grocery store, MacLellan was acting extremely paranoid, delusional, and psychotic and that MacLellan was frightening her children. Counsel also contended that by the time paramedics arrived, MacLellan was also angry and verbally aggressive. As a result, the court ruled on summary judgment that probable cause for the 5150 hold did exist, and MacLellan was precluded from arguing otherwise at trial. As to ValleyCare Medical Center, the only claims that went to the jury were the claims of medical battery and intentional infliction of emotional distress based on the use of physical restraints and the catheterization. As to Alameda County Medical Center, the claims that went to the jury were negligence, medical battery, and intentional infliction of emotional distress, all based on the Zyprexa injection. The court ruled that if ValleyCare Medical Center proved that it was acting pursuant to an express or implied agreement with Alameda County Medical Center, then ValleyCare Medical Center would be immune from liability under § 5278. Plaintiff’s counsel, who were court-appointed and pro bono, denied that ValleyCare Medical Center was acting pursuant to an express or implied agreement with Alameda Medical Center. Counsel argued that MacLellan was restrained and catheterized without her consent, and that ValleyCare Medical Center engaged in outrageous conduct with intent to cause, or a reckless disregard for the likelihood of causing, emotional distress. Plaintiff’s counsel also argued that MacLellan was injected with Zyprexa without her consent, and denied that the injection was given in an emergency situation or that it was impracticable to gain consent first. Counsel further argued that Alameda County Medical Center engaged in outrageous conduct with intent to cause, or a reckless disregard of the likelihood of causing, emotional distress. The defendants denied MacLellan’s allegations. Counsel for ValleyCare Medical Center argued that MacLellan’s consent for the medical center’s interventions was not legally required and that the medical center’s decisions and conduct met the applicable standard of care. In the alternative, counsel maintained that MacLellan’s consent was obtained by implication and by her conduct. In addition, counsel argued that MacLellan sustained no injury or harm as a result of the interventions and that ValleyCare Medical Center in fact kept her safe, allowing her to receive the emergency psychiatric treatment she needed. Counsel for ValleyCare Medical Center contended that after arriving at the emergency room, MacLellan was hostile and uncooperative, refused to provide medical history, engaged in irrational and delusional behaviors, tried to escape from the hospital, and refused to give a urine sample in the usual manner. Thus, the four-point restraints, counsel argued, were implemented because MacLellan had tried to escape from the hospital and posed a danger to her or others. Counsel for ValleyCare Medical Center also noted that the urine sample tested positive for amphetamines. However, MacLellan disputed these contentions. Counsel for Alameda County Medical Center argued that giving the injection was reasonable because MacLellan was yelling and disturbing other inpatients, putting them, herself, and the staff at risk of bodily injury. (However, MacLellan denied that she was doing so.) Counsel further argued that the conduct of Alameda County Medical Center was within the standard of care and lawful under statutes permitting the unconsented administration of anti-psychotic medication in a § 5150 setting under certain circumstances. In addition, counsel for Alameda County Medical Center argued that the injection in no way harmed or injured MacLellan and, in fact, was efficacious., MacLellan claimed that suffered emotional distress, including humiliation, loss of self-esteem, anxiety, and depression. She also claimed that these new psychological made her unable to seek employment. However, she did not undergo treatment for the alleged . MacLellan was unemployed at the time of the incident, but had previously held sales and marketing positions, making at least $80,000 a year. Thus, she sought recovery of between $325,000 and $380,000 in past and future lost earnings, and $500,000 in damages for her emotional distress.
COURT
United States District Court, Northern District, San Francisco, CA

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