Kallie Cox//October 16, 2024//
An Illinois judge lowered a $535 million jury verdict to $180 million in a lawsuit against an Illinois psychiatric facility where a 13-year-old girl was raped.
The girl and her family, represented by the Simon Law Firm in St. Louis, were initially awarded the $535 million jury verdict after the jury found the facility negligent.
The Pavillion, an inpatient pediatric unit in central Illinois, prides itself on being “a secure, structured environment.” However, the confidential plaintiff’s case shows that this was not the case on December 5, 2020.
Because the Pavillion failed to protect its 13-year-old patient and did not properly supervise the patients involved, the jury found it negligent.
The Pavillion was ordered to pay $60,000,000.00 compensatory damages and $475,000,000.00 punitive damages.
Judge Jason M. Bohm considered the Pavillion’s post-judgement motion and rejected all of them except for the request to lower the punitive damages to $120 million.
“There is ample evidence of the Pavilion’s wanton disregard but there is no evidence of actual malice or an intent that (the victim) be harmed. Therefore, the punitive damages award must be ‘on the low end of the scale,” Bohm wrote in the ruling.
Attorney Tim Cronin with the Simon Law Firm represented the plaintiff and said the court’s ruling still sends a message.
“The Court’s ruling still sends the strong message about accountability to companies that are supposed to keep people safe while they are in their care during their most vulnerable moments,” Cronin said. “We respect the Court’s decision on these motions and appreciate the thorough review the Court gave in this case.”
The case is: Confidential v. The Pavilion Foundation, Case no: 21-L-176.
This article credit to MOLawyersMedia