Dean v. Bowling Green-Brandywine (majority)Annotate this Case
The issue this case presented for the Pennsylvania Supreme Court’s review centered on the scope and application of the qualified immunity provided under Section 114 of the Mental Health Procedures Act (MHPA), 50 P.S. sections 7101-7503. On November 20, 2012, twenty-three year-old Andrew Johnson (Andrew) voluntarily admitted himself to Bowling Green-Brandywine Addiction Treatment Center (Brandywine). Andrew sought drug rehabilitation treatment for his addiction to opiates (OxyContin) and benzodiazepines (Xanax), which were first prescribed to him two years earlier for pain and anxiety related to back injuries arising from an ATV accident. He was accompanied by his mother, appellant Melissa Dean, and reported his health history to Brandywine staff. Appellee Mohammad Ali Khan, M.D., a physician at Brandywine, took Andrew’s medical history and performed a physical exam. At approximately 8:15 in the evening of November 28, 2012, the nursing staff informed Khan of Andrew’s elevated vital signs, but Khan declined to examine Andrew, did not issue any new treatment orders, and instructed the nursing staff not to transfer Andrew to the emergency room. The nursing staff again checked Andrew every few hours, noting his vital signs but giving no additional treatment. At approximately 7:50 a.m. the next morning, Andrew was found lying on the floor of his room, face down, without a pulse. He was transferred to a nearby hospital where he was pronounced dead. Andrew’s parents, appellant Dean and Clifton Johnson, as administrators of Andrew’s estate and in their individual capacities, filed suit against Brandywine, Dr. Kahn, and others who treated Andrew, raising medical malpractice, wrongful death and survival claims. Specifically, appellants alleged Andrew died of a cardiac arrhythmia due to the combination of medications prescribed during treatment at Brandywine, and that his death was the result of medical negligence including the failure to properly examine, diagnose, appreciate, and treat his medical condition. The Pennsylvania Supreme Court concluded the Superior Court erred in affirming entry of a compulsory nonsuit and held immunity did not apply under circumstances where: (1) the patient was admitted for and primarily received drug detoxification treatment; and (2) the patient did not receive treatment to facilitate recovery from a mental illness. Consequently, the Court reversed and remanded for further proceedings.