Source: Marietta Times
CHARLESTON, W.Va. — A Parkersburg hospital has been ordered to pay a $1.3 million sanction in a medical malpractice case for allegedly violating court orders and other misconduct. Wood County Circuit Court Judge Robert A. Waters imposed the sanction against Camden-Clark Memorial Clark in an order issued last week.

“Camden-Clark’s violations of court orders, inaccurate answers in discovery, inaccurate testimony and all of its aggregated misconduct before this court, warrant substantial sanctions,” Waters wrote in his order. Camden-Clark spokesman Greg Smith said the hospital was reviewing the order. “However, the underlying case is still under appeal, therefore it is inappropriate to discuss the case outside the courtroom,” Smith said.

Waters’ order came in a lawsuit that alleged malpractice in the death of Hilda Boggs. Boggs died in 2001 following surgery on a broken ankle. A Wood County jury found that the anesthesiologist negligently overdosed Boggs with lidocaine. Jurors awarded $6.5 million to Boggs’ estate in March 2006. Camden-Clark’s alleged misconduct included failing to disclose to the plaintiffs during discovery that Sherry Johnston, the hospital’s risk manager, had knowledge of the case, Waters said. During discovery, parties are required to disclose relevant information about the case unless it is protected by attorney-client privilege. “Ms. Johnston, the hospital’s own corporate representative, had interviewed at least eight key witnesses and possessed numerous documents critical to the facts of the case,” Waters wrote.

Waters said Johnston allegedly told at least two witnesses to throw away or destroy notes, copies or documents they had made about Boggs’ surgery. “Camden-Clark’s strategy in denying, throughout the case, things it knew well to be true went far beyond the privilege of putting the plaintiff to his proof. By breaching court orders, filing false discovery responses and by giving and permitting to be given inaccurate testimony under oath, and through multiple false statements to the court, the plaintiff and the jury, Camden-Clark engaged in litigation misconduct,” Waters wrote. The state Supreme Court is scheduled to hear motions on whether to consider the hospital’s appeal of the jury award on Sept. 19, said Wheeling lawyer Christopher Regan, one of three attorneys who represented Boggs’ family.