Logo

(509) 455-9555

NEWS

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: LOAN TRANSACTIONS

Cora Verge  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: ESTATE PLANNING

David Webster  

WSBA PRESIDENT'S CORNER: LISTENING TO CHANGE IN THE LEGAL PROFESSION

Bill Hyslop  

LOCAL NEWS RISING STARS 2016: CORA VERGE, ASSOCAITE ATTORNEY

Cora Verge  

WSBA PRESIDENT'S CORNER: PRINCE DIED WITHOUT A WILL

Bill Hyslop  

LOCAL NEWS: INVESTIGATION REOPENED IN DEATH OF BICYCLIST RYAN HOLYK

Mike Maurer  

LOCAL NEWS: IN HOLYK CASE, SCIENTIST'S TESTIMONY DOESN'T SQUARE WITH INVESTIGATORS' STATEMENTS

Mike Maurer  

LOCAL NEWS: EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

Mike Franklin   Kelly Konkright  

JENNIFER HANSON, ASSOCIATE ATTORNEY, BECOMES PRESIDENT OF SCBA

Jennifer Hanson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - MATERNITY LEAVE

Tori Osler  

WSBA PRESIDENT'S CORNER: HOW WILL YOU BE REMEMBERED? LEADING BY DOING AND THE WELL-LIVED LIFE

Bill Hyslop  

SPECIAL REPORT BILL HYSLOP: ENSURING ACCESSIBLILITY

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - NON-COMPETE AGREEMENTS

Erin Pounds  

WSBA PRESIDENT'S CORNER: WHAT ARE YOUR PERSONAL "LEGAL" RESOLUTIONS FOR THE NEW YEAR?

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EARNED SICK AND SAFE LEAVE

Jacob Brennan  

WSBA PRESIDENT'S CORNER: THE RISING COST OF LITIGATION AND ACCESS TO JUSTICE

Bill Hyslop  

WSBA PRESIDENT'S CORNER: EQUAL JUSTICE UNDER LAW

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EASEMENTS

Cora Verge  

WILLIAM HYSLOP SWORN IN AS WSBA PRESIDENT

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EMPLOYEE HANDBOOKS

Laura Black  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - AFFORDABLE CARE ACT

Kelly Konkright  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - PROBATE

Tom Culbertson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - WHAT VALUE DOES A BUSINESS ATTORNEY BRING TO MY COMPANY?

Paul Davis  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - THE AFFORDABLE CARE ACT

Kelly Konkright  

IMPORTANT NOTICE REGARDING : "OBAMA CARE" AFFORDABLE CARE ACT

Kelly Konkright  

IDAHO SUPREME COURT JUSTICE COMPLIMENTS WINNING LUKINS & ANNIS ATTORNEY IN TRUST LITIGATION

Mischelle Fulgham  

LUKINS & ANNIS CLIENT OBTAINS REVERSAL OF INJUNCTION ON LAND USER RESTRICTIONS BY THE IDAHO SUPREME COURT

Laura Black   Michael Hines  

LUKINS & ANNIS CLIENT OBTAINS DISMISSAL OF HOME OWNER'S LAWSUIT BY DIVISION III OF THE WASHINGTON STATE COURT OF APPEALS

LUKINS & ANNIS CLIENT OBTAINS SIGNIFICANT 9TH CIRCUIT DECISION AGAINST RED LION HOTEL FRANCHISOR UNDER WASHINGTON FRANCHISE INVESTMENT PROTECTION AND CONSUMER PROTECTION ACTS

Mike Maurer  

WAYNE SWENEY NAMED DISTINGUISHED LAWYER BY IDAHO BAR

Wayne Sweney  
LOCAL NEWS: EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

Lukins & Annis attorneys Mike Franklin and Kelly Konkright represented the family in the following case.

THE SPOKESMAN-REVIEW

TUESDAY, JUNE 14, 2016, 11:53 A.M.

EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

By Rachel Alexander

Eastern State Hospital has paid $360,000 to settle a lawsuit over the 2013 death of a patient who family members said was assaulted by another patient.

The hospital reached a settlement with the family of Misael Rodriguez on March 30 after the family filed a $2.5 million wrongful death suit in 2014.

Rodriguez, 43, was a patient in the hospital's forensic ward, where he had been referred for a mental health evaluation following an arrest in Benton County, said Kelly Konkright, one of the family's attorneys. He was found bleeding and unconscious in a hospital bathroom on August 26, 2013 and died in November at a long-term care facility without ever regaining consciousness.

The family's suit alleged Rodriguez was attacked by another patient who was under extra observation by the staff at the time because he'd committed at least three unprovoked assaults on other patients in July 2013. Rodriguez was on location observation, meaning staff had to check on him at least once every 15 minutes because he was engaging in behavior making him "susceptible to assault by other patients."

Video cameras from the hospital showed Guzman entering the bathroom shortly after Rodriguez. The suit said allowing the men to be together in a closed space with no observation violated hospital policies and safety procedures.

Rodriguez was found in the bathroom several minutes later with a cut above his eye and bruising on the other side of his head. Blood was also found on multiple walls of the toilet. The suit said an assault is the most likely explanation for the injuries found on both sides of Rodriguez's head, but Eastern State Hospital and the Department of Social and Health Services, which runs the hospital, deny an assault took place.

"Law enforcement investigated the circumstances and found no evidence of criminal activity. The medical examiner determined the patient's death was the result of natural causes," the hospital said in a statement.

No autopsy was performed on Rodriguez, and the cause of death listed on his death certificate was pneumonia secondary to another illness or serious injury.

Konkright had not been retained by the family when the autopsy decision was made and wasn't sure why no autopsy was performed.

"It was unusual. Usually under these circumstances an autopsy would be performed," he said.

Konkright said the family agreed to settle the suit because their main goal was to bring attention to Rodriguez's death.

"The goal wasn't compensation, it was to bring light to the situation and try to get the hospital to take some responsibility," Konkright said.

Joey Frost, a spokeswoman for the hospital, declined to say whether any policies or practices were changed following Rodriguez's death, saying only that the hospital evaluates policies and practices following any "sentinel event" to "identify and mitigate any risk factors to prevent future occurrences."

Published: June 14, 2016, 11:53 a.m.

As found online at: The Spokesman-Review Local News.

Logo