Johns Hopkins pays $ 190 million for physician taking crotch shots

[MillCreek]

http://abcnews.go.com/Health/wireStory/lawyer-pelvic-exam-pics-cost-hopkins-190-million-24648463

He was apparently using some sort of camera that resembled a pen.  He wore the camera around his neck on a lanyard or chain.  Just a few days after being discovered and dismissed, he went home, tied a black garbage bag around his head, ran in a hose from a helium tank and died of helium asphyxiation. 

This was not covered under the physician's malpractice insurance, so I see they went after the hospital for negligent hiring and supervision, which would be covered under the hospital's employment practices liability insurance.   This amount probably would have gone up into several layers of excess or reinsurance coverage. 

I was discussing this with my chief clinical officer this morning, and I had read in other articles that this physician routinely ignored the hospital's policy on chaperones during pelvic exams.  I sent out an email to my medical staff enclosing this article and reiterating our expectation that our chaperone policy will be followed.  Although if he was using surreptitious technology to take his photos and videos, a chaperone would likely not have prevented that.

[MillCreek]

http://www.sharperimage.com/si/view/product/HD-Video-Camera-Pen/201892

A quick Google revealed a whole bunch of spy pen cameras.  I had no idea.

[RevDisk]

Well, we should all be thankful that he did society a favor. Now if he would have done so before committing his crimes, that'd be much more preferable. Honestly, we should offer similar services to such criminals. The equivalent of leaving a Soviet general a pistol with one shot.

That said, stuff like this is why healthcare gets expensive in a hurry. There is no good answer either.

[zxcvbob]

I was discussing this with my chief clinical officer this morning, and I had read in other articles that this physician routinely ignored the hospital's policy on chaperones during pelvic exams.  I sent out an email to my medical staff enclosing this article and reiterating our expectation that our chaperone policy will be followed.  Although if he was using surreptitious technology to take his photos and videos, a chaperone would likely not have prevented that.

Would probably not prevent it, but it would show that the hospital had taken reasonable precautions to prevent it -- that *should* drastically reduce their liability.

[MillCreek]

To this group, I am not embarrassed to admit that when I was discussing this with my chief clinical officer, I wondered aloud if the guy sounded like Alvin the Chipmunk as he died, with the helium asphyxiation.........

[cordex]

Would probably not prevent it, but it would show that the hospital had taken reasonable precautions to prevent it -- that *should* drastically reduce their liability.

Also, if he had to fiddle with the spy cam to point it the right way it might have been caught sooner.

[roo_ster]

Creepy SOB.  His last act was his best act.

But...$190 million?

[vaskidmark]

Also, if he had to fiddle with the spy cam to point it the right way it might have been caught sooner.

Clip that sucker in the chest pocket of your lab coat and start the recording.  It does not record for very long (a few hours maybe) but he'd have had lots of opportunities to turn it off/turn it back on since those things also have a shortened ink cartridge.

Most folks will not even notice the electrical tape you put over the red LED that comes on in record mode. The deputies at the courthouse did not give one a second glance - just put it in the tray will all the other stuff being x-rayed and then off to the courtroom.

stay safe.

[KD5NRH]

Most folks will not even notice the electrical tape you put over the red LED that comes on in record mode.

Scotch tape blackened with a Sharpie dims it to just the right level where you can see it with a glance at your pocket if you're looking for it, but nobody else is going to notice.  (Assuming yours has the light on the back like mine did.)

Great bit of equipment for security work, or just dealing with liars.

[MillCreek]

Creepy SOB.  His last act was his best act.

But...$190 million?

Let's do the math:

$ 190 million total settlement
minus 30% contingency fees to plaintiff class action counsel (estimated): $ 57 million
minus plaintiff class action counsel costs (estimated) $ 2 million

Remaining amount to be allocated amongst plaintiffs: $ 131 million
8,000 plaintiffs equal an average settlement of $ 16,375

Settlement amount will be determined by a formula that determines the amount of trauma sustained by the plaintiff.

Please note that the figures for costs and the contingency fee are estimates based on my experience with medical class action litigation.  They may be wildly wrong, but I suspect they are in the ballpark.


PS: In regards to the settlement, were I representing Hopkins, I would not have wanted this case to get in front of a jury.  There could be a distinct potential for an award higher than the amount of the settlement.  So I can see how in order to limit the financial exposure of Hopkins, forego a months or years-long trial, and to avoid having all those women testify, which would not necessarily be beneficial to them, both sides decided to see if a settlement could be reached.

[TechMan]

died of helium asphyxiation.

I find that a very odd way to remove yourself from the gene pool.

[zxcvbob]

I find that a very odd way to remove yourself from the gene pool.

Why?  It's very fast and should be painless.  Your lungs will draw oxygen *out* of your blood, so unconsciousness will come quickly; long before the CO₂ percent rises enough to cause acidosis/panic.

[MechAg94]

Why?  It's very fast and should be painless.  Your lungs will draw oxygen *out* of your blood, so unconsciousness will come quickly; long before the CO₂ percent rises enough to cause acidosis/panic.

Yeah, it is probably one of the fastest ways to die relatively painlessly.  You lose O2 to the brain so fast that you are out almost immediately.  We always told people that in a zero oxygen atmosphere, there is no warning whatsoever.  You just pass out and die.  Lots of people have died in industrial accidents due to this same thing. 

[onions!]

So why aren't these options for a gas chamber?Lethal injection seems to be out the window for now.A prison could buy helium from a party store.

[mtnbkr]

I wondered aloud if the guy sounded like Alvin the Chipmunk as he died, with the helium asphyxiation.........

Christmas Christmas Time is here, time for joy and time for...

Alvin!  Oookkkkaaayyyy!

Chris

[zxcvbob]

So why aren't these options for a gas chamber?Lethal injection seems to be out the window for now.A prison could buy helium from a party store.

Nitrogen is cheap and will do the same thing -- maybe not quite as fast, I don't know.  Or argon.

They don't even need to fill the whole chamber with the stuff.  Give the condemned a Valium beforehand if he wants it; use an anesthesiology mask (the nose and mouth kind) to deliver the gas.

It might be *too* simple and painless.  Being an executioner should be difficult.

[lupinus]

Should have used a big enough bag and tied it tight enough that he floated 

[lee n. field]

http://abcnews.go.com/Health/wireStory/lawyer-pelvic-exam-pics-cost-hopkins-190-million-24648463

He's a doctor.  He sees this stuff, in the flesh, all the time.  And, what he sees is probably not up to the quality of readily available Interwebz porn.  So, why's he doing this?

[Stand_watie]

He's a doctor.  He sees this stuff, in the flesh, all the time.  And, what he sees is probably not up to the quality of readily available Interwebz porn.  So, why's he doing this?

Maybe he was selling it? If for personal desire, I bet a whole convention full of shrinks couldn't tell you. People are twisted. Jeremiah 17:9