Jury awards $8.8 million to anesthesiologist

In the six years since Dr. Charles Williams lost his privileges at University Medical Center, the anesthesiologist also lost his professional reputation, his family and his home.

"There was a period of time where he was homeless, living in his car, trying to preserve the documents related to this case so that he could clear his name," attorney Jacob Hafter said.

Williams, 55, received his vindication Thursday when a federal jury awarded him $8.8 million in a case against the county-run hospital and Dr. John Ellerton, its former chief of staff.

Hafter argued that UMC's medical staff destroyed the anesthesiologist's career when it suspended his privileges in 2005 and labeled him a drug user without any proof.

Attorney Lynn Hansen, who represented the defendants, declined to comment after the verdict was announced.

Despite the large jury award, Williams was somber as he left the Lloyd George U.S. Courthouse on Thursday.

"The damage is done, and the time is gone," he said.

In his 2009 lawsuit, Williams accused UMC and Ellerton of violating his due process rights by suspending him without giving him adequate notice of the allegations against him, including the substance abuse claims.

The suspension stemmed from complications that occurred during a kidney transplant that was performed by Dr. Gary Shen on March 5, 2005. Williams, the anesthesiologist for the surgery, was suspended two days later.

"They put all the blame on Dr. Williams," Hafter said.

The attorney claimed Ellerton and the medical staff trumped up the drug abuse allegations to protect the hospital's transplant program.

"They threw the anesthesiologist under the bus so that no one would look at the surgical complications that occurred," Hafter said.

He said Williams presented numerous drug screens that showed no evidence of substance abuse, but "they didn't listen to him."

Hafter said the parties reached an agreement before the trial ended that reduces the judgment to $6.5 million. The defendants agreed to pay that amount within 14 days and to forgo an appeal.

UMC also agreed to void entries in the National Practitioner Data Bank that describe Williams as a threat to the health and safety of patients.

"It really does clear his name," Hafter said. "It's vindication for his reputation. It also sends a message to the Las Vegas medical community that you can't destroy a physician's career because you want to use them as a scapegoat."

Before the trial, which began May 16, U.S. District Judge Philip Pro made a finding that Ellerton and UMC's medical staff had violated Williams' due process rights. That left only the question of damages for the jury.

Hafter had asked jurors to award his client $24 million in compensatory damages, plus punitive damages. The jury awarded no punitive damages.

Jurors, who deliberated for about eight hours, wouldn't comment after returning their verdict.

According to the defendants' trial brief, Williams' lack of insight and clinical skills "ultimately led to the end of his practice of medicine."

"No less than twenty-five independent, objective physicians, who had never met (Williams) before, told him that he had clinical and behavioral problems that needed to be addressed," the defendants' lawyers wrote. "He refused to hear their advice. He refused to engage in any kind of self-evaluation. Every concern that was brought to his attention was blamed on someone else."

According to the document, the defendants wanted to determine why Williams, after having his privileges at UMC for five months, had "mismanaged the airways of three patients, leaving one brain damaged" and "acted unprofessionally and aggressively with his colleagues and other staff at UMC."

Hafter said the Nevada State Board of Medical Examiners investigated Williams for two years and took no action. The doctor's Nevada license, which he obtained in 2004, remains active.

The lawyer said Williams' insurance company forced him to settle the malpractice case related to the kidney transplant for $775,000.

When asked about the level of brain damage suffered by the patient, Hafter said, "The patient walked out of the hospital."

Hafter said Williams, who is licensed in six states, has been living with friends in Arizona.

"Right now he's unemployed," the lawyer said. "Nobody will touch him."

Williams received his medical degree in 1982 from Howard University in Washington, D.C.

UMC has struggled with financial troubles and other controversies in recent years. Last year, the hospital lost more than $70 million, mainly because it treats a large segment of uninsured and indigent patients.

In 2008, the Centers for Medicare and Medicaid Services notified UMC that its certification for the kidney transplant program would be revoked because it had not met required patient survival outcomes. The program was recertified the following year.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.

Trending topics:

• anesthesiologist
• Carri Geer Thevenot
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• due process
• federal court
• Jacob Hafter
• John Ellerton
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• trial
• University Medical Center

Comments

Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

1. Joe C May 27, 2011 | 11:38 a.m. Report Abuse

   This only adds to the problems we face in trusting medical professionals. Many students wishing to be doctors can no longer afford medical schools in the U.S. and hiring of foreign schooled doctors has increased dramatically. I think most of us would prefer doctors trained in the States but this isn’t saying all foreign trained physicians are bad. Although Williams was trained here, the accusations of drug use certainly I think would be easily proved or disproved now days. People outside of the medical industry, without inside info, needing medical care are taking some risks; when we would rather feel more comfortable about our treatment. Sadly I think the situation will only get worse and we should be at least billing the home countries for our costs of treating illegal aliens, at least helping recoup some of our loses.

2. Jack.Webb May 27, 2011 | 8:35 a.m. Report Abuse

   "Seeker2be wrote on May 27, 2011 05:52 AM: I dont know about this case but whinning about black physicians is like whinniung about black nurses or any black professional. The facts are merit matters in selection no matter what color you are."
   
   Just keep telling yourself that, over and over and over.

3. Tahoe.DI May 27, 2011 | 7:11 a.m. Report Abuse

   Sounds like a just award----the comment: "Which door do I go through to regain my reputation..." , comes to mind. But Hafter, the attorney should have been held in contempt for wearing that coat! (Failure to follow court decorum)....

4. Seeker2be May 27, 2011 | 5:52 a.m. Report Abuse

   I dont know about this case but whinning about black physicians is like whinniung about black nurses or any black professional. The facts are merit matters in selection no matter what color you are. Excellence should be the only basis for selection. Politically correct is ruining this nation. Want mediocrity ? Push quotas and affirmative action (reverse descrimination) and you will get mediocrity, poor care, and bad outcome. It begins in the schools and continues in higher education and it is wrong, wrong , wrong

5. Native Nevadan May 26, 2011 | 9:05 p.m. Report Abuse

   I cannot believe that the RJ didn't report on what Dr. Williams did that started all of this. The Nevada Board of Medical Examiners' website shows that Williams' malpractice insurer paid $775,000 to settle the claim against him for prematurely removing the breathing tube following a kidney transplant surgery. A patient was left with serious brain damage, the Chief of Staff acted to protect patients from Dr. Williams, and somehow UMC is the bad guy for harming Dr. Williams. This stuff is so messed up.

6. Little Miss.Snippy May 26, 2011 | 5:55 p.m. Report Abuse

   "Despite the large jury award, Williams was not celebrating as he left the Lloyd George U.S. Courthouse on Thursday." Yeah, he waited until he got into his high roller suite at the Cosmo! Head for Hawaii or wherever you want, pal. Who cares what Vegas thinks! $8.8M tax free buys a lot of freedom.

7. American values May 26, 2011 | 5:38 p.m. Report Abuse

   Ok...we know he won BIG Money.
   BUT where are the FACTS of the case?
   ...and the RJ editor let this story thru?

8. SimplySkeptical May 26, 2011 | 5:19 p.m. Report Abuse

   Sounds like a good result, and well-deserved by both client and attorney.

9. JR.Schmidt May 26, 2011 | 4:27 p.m. Report Abuse

   Sounds like the patient either died on the table or became a vegetable. Is he or his estate or going to get a cut?

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