Jury Rules in Favor of Hospital for Deportation

I have blogged about the case of a Luis Alberto Jiménez who was deported....by a hospital- Martin Memorial Medical Center in Florida. Today, a jury in Stuart, Fla., decided Monday that Martin Memorial Medical Center did not act unreasonably when it chartered a plane and repatriated a severely brain-injured Guatemalan patient against the will of his guardian.

The New York Times reports:

The case of Mr. Jiménez, which was featured in an in-depth report in The New York Times last summer, is believed to be the first to test the legality of patient repatriations and to judge the liability of the hospitals that undertake them. Such repatriations are a relatively rare but widespread practice, especially in cases involving catastrophic injuries or serious illnesses, where patients need continuing care that is not covered by Medicaid because of their immigration status.

The jurors, all of whom were white, with no Hispanics among them, declined to discuss the verdict; one said, “It was a very tough decision.”

Mr. Jiménez’s cousin and legal guardian, Montejo Gaspar, filed the lawsuit seeking nearly $1 million to cover the costs of providing care for Mr. Jiménez in Guatemala and seeking damages for what he essentially saw as the hospital’s kidnapping and deportation of his profoundly disabled cousin.

A Mayan Indian from the highlands of Guatemala, Mr. Jiménez paid a smuggler to transport him to the United States about a decade ago so he could work as a gardener and send money home to his wife and two sons. He had been living in Stuart with Mr. Gaspar for just under a year when a drunken driver in a stolen vehicle plowed into his car in the winter of 2000.

Now 37, Mr. Jiménez, who cannot walk and has the mental age of a child, lives in a one-room house in a remote village, tended by his elderly mother. He is largely confined to his bed and suffers from routine seizures. When The Times visited him last summer, he had not received medical care for over five years.

Here is the Wall Street Journal Blog.