News
10/6/2006 - Plaintiff Wins $2,000 in EMTALA Claim
DOTHAN--Ginger Henderson was 38-weeks pregnant when she was involved in a collision in Enterprise. She declined an ambulance and drove herself to the Medical Center of Enterprise (MCE). She was having contractions. At MCE she was asked about her OB-GYN who was not on staff at MCE. The nurse stated that she would call the on-call OB-GYN to see if she could be seen.
Henderson left MCE and drove forty minutes to Dothan and was evaluated and released. A week later she gave birth to a healthy baby. However, she sued MCE under EMTALA claiming MCE had failed to screen her on the prextext of having to call the on-call OB-GYN. She claimed damages for emotional distress.
MCE responded that it was still evaluating Henderson when she left. She was only at MCE for a total of 6 minutes before she left.
Henderson prevailed on her claim at trial and received an award of $2,000. A judgment in that sum was entered.
Henderson was represented by Erik S. Heninger and Brian D. Hancock of Heniger Garrison Davis of Birmingham.
MCE was represented by Fred W. Tyson and Lewis P. Chapman III of Rushton, Stakely, Johnston & Garrett.
The case was tried before United States District Judge Mark E. Fuller.
Henderson v. Medical Center of Enterprise, 1:05-823 (M.D. Ala.)