Jury Awards Parents $150,000 in CMH Suit

A Superior Court jury, deciding that negligence on the part of staff members at the county’s Hillcrest mental health hospital caused the 1981 death of a young San Diego man, has ordered the county to pay the victim’s family $150,000.

The family’s attorney said the jury, in a verdict reached Thursday, found that nurses who had strapped Michael Duval face down in bed and left him unattended for as long as an hour were liable for his death, which occurred on Christmas Eve six years ago.

“We were very happy with the outcome because this lawsuit was filed as a matter of principle,” said James McElroy, who represented Michael’s parents, Madeleine and Roger Duval of San Diego, in the wrongful death case. “This facility has had many problems over the years, with inadequate staffing and the quality of care. . . . This boy was a victim of that.”

Death ‘Not in Vain’

In an interview, Madeleine Duval praised the jury’s verdict, saying it meant her son “did not die in vain over there.” She said that, while “there are many dedicated people at CMH, there are those who don’t want to change and that has caused deaths and other problems.”

“We did get justice from the jury, but most importantly I hope that, because of what happened, people will realize why it’s important that we have a good mental health system,” Duval said.

County health officials could not be reached for comment Friday. Deputy County Counsel Nate Northup also was unavailable to discuss the case.

The 60-bed Hillcrest facility has been under intense scrutiny since early 1985, when state and federal regulators criticized it for providing substandard care and said at least four deaths resulted from poor judgment. At the time, investigators found evidence of improper medical practices, unlicensed employees, sex among patients and sloppy administrative procedures. The ensuing furor surrounding the hospital prompted calls for its closure.

Since then, major changes have been made and inspectors say there have been dramatic improvements. In April, a new director was hired--Dr. David P. McWhirter--and he vowed to improve care by, among other things, improving the supervision and guidance of patients.

Such improvements, however, came years after Michael Duval was deposited at the facility by police, who had picked him up after spotting him acting strangely and running shirtless down the street near his home.

“They took him in, put him face down within four-point restraints--straps on both his arms and legs--and gave him a tranquilizer and left,” McElroy said. “Some time later, they found him comatose and he died.”

The coroner listed the cause of death as a heart attack, but it was unclear what triggered the coronary failure.

McElroy said Duval had a history of manic depression but was under the care of a private physician and was being treated successfully with lithium at the time of his death.

“He had graduated from high school and he had a job as a stock boy,” McElroy said. “He apparently was going through a bad cycle on (Dec. 24, 1981) and when police saw him they took him to CMH without even telling his mother.”

There, understaffing, compounded by an abundance of poorly trained nurses, led to his death, McElroy argued.

The trial was held before Superior Court Judge Raul Rosado.