Area of Law:
Civil Rights 42 U.S.C. §1983
US District Court – Western District of Michigan
Mr. Hamer suffered a ruptured appendix resulting in an 11 day hospital stay. He sued the County and the attending medical personnel for deliberate indifference. He claimed he was first examined on Friday 5/14/10 at 0110 hours and referred to sick call. He was not seen at sick call until 5/17/10 at 0800 hours. During the interim he claims to have experienced significant pain and nausea and testified he complained at least twice to a nurse and three times to guards. During the trial Mr. Hamer’s credibility was seriously questioned. Medical experts testified the first assessment was within normal limits, justifying a referral to sick call for Monday morning rather than over the weekend. Plaintiff attacked the physician, who worked during the weekend, for not seeing him during the intervening time. We were able to prove the physician was not aware of his condition and therefore did not consciously disregard his health.
No Cause of Action. The federal jury took 28 minutes to return a “No Cause” verdict for both the nurse and the physician. The Judge dismissed all other parties prior to the jury verdict. The trial lasted 3 days.( Jan. 2015)
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