Bass v. SCDSSAnnotate this Case
Diane and Otis Bass had three children: Brittany, Hanna, and Alex. All three children were special needs, but Hanna and Alex were also autistic. Otis worked outside the home, and Diane cared for the children. Due to their forms of autism and their other cognitive issues, both Hanna and Alex were prescribed Clonidine to help them sleep at night, in addition to other medications. A compounding pharmacy filled the Clonidine prescription. In April 2008, the prescription was inadvertently mixed at one thousand times the recommended concentration. Diane administered the wrongly compounded Clonidine to Hanna and later to Alex. Both children had serious reactions that required hospitalization. DSS received a report that two special needs children were in the hospital due to "possible poisoning by parents." The agency assigned an overall danger rating of "medium" to the case. A caseworker assigned to the case recommended the children be removed from the Bass home and placed with Diane's sister, Linda. Linda would later learn that the compounding pharmacy improperly filled the Clonidine prescription. Linda notified DSS, and the agency subsequently concluded that the medication was the cause of the children's hospitalization. This revelation led to the eventual return of the children to Diane and Otis. However, DSS continued to make announced and unannounced visits at the Bass home through the end of 2008 and refused to remove its finding that Diane and Otis "harmed their children" from the agency's file on Petitioners. Petitioners filed a lawsuit against DSS, the compounding pharmacy, and the pharmacist, alleging negligence and gross negligence, and seeking actual and punitive damages. After settling with the pharmacy and the pharmacist, Petitioners served DSS with an amended complaint alleging causes of action for gross negligence, defamation, and outrage, and sought actual damages. DSS moved for a directed verdict at the conclusion of Petitioners' case, and again at the conclusion of all of the evidence. The trial judge denied both motions. At the conclusion of the evidence, Petitioners withdrew their defamation cause of action, and moved for a directed verdict regarding DSS's defenses of discretionary immunity and negligence of a third party. The trial judge granted Petitioners' motions for directed verdict as to those defenses. Ultimately, the jury returned a verdict for Petitioners, and awarded them $4 million in damages. DSS subsequently filed motions for judgment notwithstanding the verdict (JNOV), for new trial absolute, and to reduce the verdict. The trial court issued an order denying DSS's post-trial motions. However, the trial court granted DSS's motion to reduce the verdict. The court of appeals reversed the jury's verdict. The Supreme Court reversed the court of appeals, finding the trial court did not err in its decision.