Dean Smith, Admr. v. University of Cincinnati, Case No. 2008-11389

Family members of a Hamilton County man who died one day after being discharged from University Hospital in Cincinnati will receive a $500,000 settlement. Ryan Smith died after being treated there for a brain injury, and his family filed a wrongful death suit against the hospital.

Smith,23, was diagnosed with a skull fracture and a subarachnoid hemorrhage at the Fort Hamilton Hospital in December 2006. He was transferred to the University Hospital where Smith’s brain injuries were evaluated, including a second CAT scan of his head.

Smith was discharged a few hours later, and doctors gave him a prescription for a pain reliever and instructed him to follow up two weeks later if necessary. Smith died the next morning from his brain injury.

His father, Dean Smith, filed a wrongful death suit in December 2008 against the hospital on behalf of his son’s estate, including a minor son of Ryan’s. The complaint sought damages for the loss of support from expected earnings, loss of companionship, care and guidance, loss of services, mental anguish, and other losses.

In February 2012, the Court of Claims found “the care and treatment Ryan received in the ER at University Hospital fell below the standard of care.” Before the case went to trial on the issue of damages, the Smith estate and the hospital settled on the $500,000 amount.

The Court of Claims has original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on other cases visit the Court of Claims website.

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.