Date: 09-29-2001

Case Style: Gorman D. Osborne, et al. v. United States of America,

Case Number: 99-CV-0759

Judge: Charles H. Haden II

Court: United States District Court for the Southern District of West Virginia

Plaintiff's Attorney: Joshua I. Barrett, Sean P. McGinley, Mary S. Blaydes, Joshua I. Barrett, J. Timothy DiPiero of DiTrapano, Barrett & DiPiero, Charleston, West Virginia

Defendant's Attorney: Stephen M. Horn and Rebecca A. Betts, United States Attorney's Office, Charleston, West Virginia

Description: Federal Tort Claims Act Claim - Wrongful Death - Injuries - Paralysis - Sammy Hubbard, age 26, was killed, his wife Lynn sustained a broken neck and their daughter Katie was paralyzed from the waist down when their car was hit head-on by a pickup truck driven by Terry Hoosier. The plaintiffs claimed that Hoosier was driving while impair from the ingestion of drugs prescribed to him by Dr. Prakob Srichai, a physician employed by a rural clinic funded by the U.S. Department of Health and Human Services. Plaintiffs further claimed that Dr. Srichai prescribed the drugs to Hoosier despite knowing that he was a drug addict. Plaintiff claimed that the United States was liable for the harm done under West Virginia's Medical Professional Liability Act.

Outcome: Judgment in favor of plaintiffs in the amoutn of $4.5 million with a finding that the United States 33% at fault and Hoosier was 67% at fault. Liability is joint and several in this type of situation in West Virginia.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None