Jury finds hospital liable after patient was raped by former nurse Gregory Harms while incapacitated in ICU at Methodist Hospital of Sacramento.
Sacramento, Calif. – Attorneys John C. Taylor and Natalie Weatherford of Taylor & Ring, a California-based plaintiffs’ trial law firm, secured a $35 million verdict against Dignity Health on behalf of former patient Jane Doe who was raped three times by a male nurse in the intensive care unit of Methodist Hospital of Sacramento in December 2019. The jury found that the hospital violated various Welfare & Institutions codes related to the protection of dependent adults and was negligent in failing to protect Jane Doe from sexual abuse. The jury also determined that the hospital managing agents, officers and directors “ratified” the sexual abuse after it occurred by failing to investigate Jane Doe’s reports of abuse and failing to discipline the perpetrator.
“The jury’s verdict sends a clear message that hospitals must protect their most vulnerable patients from harm,” said Natalie Weatherford. “The plaintiff has suffered immensely, and the jury’s verdict is the final step in her journey towards beginning to heal.”
Key points at a glance
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$35 million verdict against Dignity Health dba Methodist Hospital of Sacramento, including $20 million in punitive damages to punish the hospital.
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ICU patient sexually assaulted while conscious but unable to move or speak.
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Jury found the hospital violated Welfare & Institutions codes related to the protection of dependent adults and ratified the abuse after it occurred.
“We are very proud of this brave plaintiff for standing up to the hospital that failed to protect her,” said John Taylor. “Trials like these protect the community and make hospitals safer for everyone.”
CASE BACKGROUND
In late November 2016, 41-year-old Plaintiff Jane Doe was admitted to Methodist Hospital of Sacramento after suffering a pulmonary embolism and was transferred to the Intensive Care Unit (ICU), where she remained for several weeks. She was intubated and unable to physically move her body or talk. She required the hospital’s assistance for all activities of daily living.
On three consecutive nights in December 2016, 58-year-old male nurse Gregory Allen Harms was assigned to care for Doe while she was in ICU. Between the hours of 1am and 2am, Harms raped Doe while she was in her hospital bed. Doe could not move or speak due to her medical condition, but she was awake and alert.
In late January 2017, Doe regained the ability to speak and immediately reported the abuse to her speech therapist. The speech therapist reported the allegations to Methodist Hospital leadership and administrators. Thereafter, the hospital failed to investigate the Plaintiff’s report and told Doe’s family and law enforcement that Doe was likely suffering from “ICU dementia” a condition that causes disorientation and hallucinations. As a result, no in-depth hospital or law enforcement investigation was performed.
In November 2019, Doe saw Harms on the news after he was arrested for raping another patient at a different hospital in Folsom. Doe contacted the Sacramento Police Department about her 2017 rape allegations. She was informed that two other victims had come forward alleging that Harms had sexually assaulted them while they were incapacitated. The allegations against Harms dated back to 2011, over five years prior to Doe’s rape. Harms was convicted of several felonies related to his abuse of female patients and is currently serving a 28-year prison sentence.
About Taylor & Ring
Taylor & Ring, an award-winning Los Angeles-based trial law firm, represents plaintiffs across California in high-impact civil rights, personal injury, wrongful death, and sexual assault, abuse and harassment matters.
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