HUNTINGTON – A physician says her insurer refused to settle a malpractice claim that ending up costing much more at trial.
Dr. Devan Trull filed her lawsuit April 18 in federal court against Mag Mutual Insurance Company.
The decisions by MagMutual will impact the rest of Dr. Trull’s career,” attorney Ben Salango told The West Virginia Record. “It’s terrible that MagMutual ignored the advice of its lawyers and decided to gamble Dr. Trull’s future.”
Salango
| File photo
According to the complaint, Trull was insured by Mag Mutual with liability limits of $1 million per claim and $3 million annual aggregate.
In 2020, a medical malpractice lawsuit was filed against Trull, who worked at Cabell Huntington Hospital at the time. She now resides in Tennessee.
Mag Mutual hired counsel to defend Trull in the claim, according to the complaint.
“During the course of the underlying claim and litigation, claimant made a demand to settle within the applicable policy limits,” Trull’s complaint states. “Claimant demanded $450,000 to resolve the medical negligence claim and, upon information and belief, would have resolved the claim for $200,000 to $250,000 with a complete release of liability for plaintiff Devan Trull. …
“In addition to a complete release of liability, there would have been no admission of liability, and the terms of the settlement would have remained confidential.”
Trull’s complaint includes copies of emails attorneys involved in the underlying case sent to each other.
“Resolving the underlying claim within the limits of the applicable policy would have protected plaintiff (Trull) from exposure to an excess verdict above her medical professional liability limits of $1,000,000,” the complaint states. “Counsel for Dr. Trull in the underlying medical negligence case, who was selected and hired by defendant MagMutual, demanded that defendant MagMutual settle the claim within policy limits to protect her interests. …
“A reasonably prudent insurer would have settled the underlying claim within the applicable policy limits.”
But, Trull says MagMutual refused to negotiate the claim and forced the case to trial by jury.
Earlier this year, a federal grand jury awarded Carlie Hensley with a $1.9 million verdict in the case. One million of the verdict was for future medical and life care. Hensley also was awarded $250,000 for loss of earning capacity, $200,000 for past pain and suffering, $200,000 for future pain and suffering, $200,000 for past and future loss of enjoyment of life and $72,395.67 for past medical expenses.
According to the underlying complaint, Hensley was admitted to Cabell Huntington Hospital on March 15, 2018, after experiencing severe migraines with pain, numbness and tingling in her extremities. She had went to her family doctor, but she collapsed in the waiting room. Trull, a hospitalist, was responsible for her care. She claimed Trull didn’t properly consult with neurologist and failed to diagnose and treat Hensley’s Guillain-Barre Syndrome, leaving her a debilitating brain injury.
“Although defendant (MagMutual) could have resolved the claim within plaintiff’s policy limits in exchange for a complete release of liability, defendant refused to settle and exposed plaintiff to a judgment in excess of her medical professional liability limits,” Trull’s complaint states. “Defendant has refused to pay for the excess judgment and has otherwise exposed plaintiff to personal liability about her insurance policy limits.”
The complaint says MagMutual did write a check for $1 million to Hensley last month but has failed to pay the rest of the judgment. Trull also says MagMutual’s actions were carried out with actual malice toward her.
Trull says MagMutual has breached its agreement with her, repeatedly acted in bad faith and engaged in a pattern and practice of unlawful conduct. She says she has suffered economic and non-economic damages, punitive damages, attorney fees, court costs and interest.
She is being represented by Salango and Sarah A. Hunter of Salango Law in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:24-cv-00202
