Hewins v. Hutchinson

STATE OF MAINE SUPERIOR COURT
ANDROSCOGGIN, SS. CIVIL ACTION
DOCKET NO. AUBSC-CV-21-58

BARBARA A. HEWINS and )
BARBARA A. HEWINS, as )
Guardian and Next Friend of )
ADALHIA M. HEWINS-BRACY, )
a tn1nor, )
)
Plaintiff )
)
v. ) JUDGMENT
)
TINA HUTCHINSON and )
TIMOTHY HUTCHINSON, )
)
Defendants )

A hearing on damages was held on March 1, 2023. The Plaintiff Barbara A. Hewins

was present with her attorney, Scott J. Lynch, Esquire. The Defendant Tina Hutchinson

appeared as a self-represented litigant. The Defendant Timothy Hutchinson failed to

appear. Following hearing, the Court finds as follows by a preponderance of the evidence:

The Plaintiff, Barbara A. Hewins ("Barbara") , was 43 years of age, on May 17, 2020,

when she was assailed by two pit bulls owned and kept by the Defendants as she attempted

to protect her granddaughter and her own dog from the sudden and unexpected attack.

Barbara was bitten innumerable times over her body with the most severe bites to her left

forearm, left hip and right calf.

Barbara was transported by Delta Ambulance to MaineGeneral Medical Center in

Waterville formerly known as the Thayer Unit. Barbara was observed to be bleeding heavily

and had a large amount of subcutaneous tissue covering her a1m and clothing. Barbara

sustained multiple puncture wounds, abrasions and scratches. The paramedics noticed that

Barbara sustained puncture wounds to the abdomen, as well as severe puncture wounds to
the left forearm with more exposure of subcutaneous fatty tissue. Barbara also sustained a

bite mark with brnising to the right upper arm, as well as a large wound to the right calf.

At MaineGeneral Medical Center, Barbara was principally treated by Anita Praba-

Egge, M.D. Dr. Praba-Egge observed that Barbara also sustained a small punctate wound

around the right inferior scapular region, an abrasion to the right of her spine and lower

thoracic region, as well as additional abrasions and puncture wounds to the left lower flank

and lateral hip region.

Barbara's left upper arm and forearm was the most brntalized and revealed multiple

stellate punctate wounds and lacerations ranging in size from 2 cm. to 4 cm. She also

sustained an additional punctate injury higher on the left upper arm, as well as some

abrasions in between the web spaces on her right hand. Barbara also had some abrasions

and punctate wounds on her right lower extremity distal to the knee, one in the posterior

calf and one in the anterior leg. Some of the distal abrasions were more superficial.

Barbara also had multiple abrasions and several hematomas on the left lateral hip and

some additional abrasions and punctate wounds more distally in the leg.

Imaging revealed pockets of gas along the left forearm presumably where she had

her multiple bite injuries. Dr. Praba-Egge concluded that it was medically necessary to take

Barbara to the operating room for thorough washout of the innumerable wounds under

anesthesia and for debridement and closure of multiple wounds. A Blake drain and a

Penrose drain were placed in the left forearm since the eleven wounds on that limb extended

through the skin into the subcutaneous tissue and even down into the fascia.

Barbara's period of convalescence following the attack was four to five months for

the wounds to drain, close and heal. The photographs marked as Plaintiffs Exhibit 3 in the

"Barbara A. Hewins Exhibits" binder are fair and reasonable representations of her injuries.

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Barbara's fair and reasonable medical bills total $34,352.71. Each of the charges

were medically necessary and directly related to tl1e care requiJ:ed as a proximate result of the

dog attack.

Barbara's left arm is permanently disfigured as a result of the trauma. Barbara

describes ongoing numbness and tingling over the area of the scar. She is prescribed

Gabapentin for this nerve pain. Barbara's pain and suffering was not exclusively physical in

nature. Barbara's emotional distress manifested itself with nightmares about the attack,

flashbacks of her granddaughter attacked by the dogs, and guilt that she was separated from

her granddaughter due to treatment at separate hospitals. The scars on her body are daily

reminders of the attack. The court finds Barbara has incurred general damages for pain,

suffering, loss of enjoyment of life and permanent disfigurement in the amount of

$100,000.00.

Adahlia M. Hewins-Bracy ("Adahlia") was 5 years of age at the time of the dog

attack. The Delta Ambulance note observed that Adahlia sustained multiple puncture

wounds and stellate dog bite injuries to her right arm, right torso, back, right flank, bilateral

buttocks, perineum at the anal verge, right thigh, and right lower leg.

Adahlia was first brought to the emergency room at MaineGeneral Medical Center.

However, due to the severity of her injuries, she was transported by ambulance to Maine

Medical Center/Barbara Bush Children's Hospital in Portland, Maine. Adahlia required the

care of board-certified pediatric surgeon Jeffrey Halter, M.D. Dr. Halter obsetved that

Adahlia had sustained innumerable dog bite wounds. The stellate puncture wounds covered

her right arm, right torso, back, right flank, bilateral buttocks, right thigh and right lower leg.

Adahlia had a dog bite to her perineum at the anal verge.

Adahlia was hospitalized for four days and underwent three operations for her

wounds. On May 18, 2020, Dr. Halter performed dog bite wound exploration, debridement

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and partial closure of several wounds with 3-vessel loops under anesthesia. The perinea!

injmy at the posterior 6 o'clock position was about 2 cm. in length with 0.5 cm. extending

above the anal verge up to the level of the dentate line. There was a devitalized bridge of

anoderm at the anal verge that was excised sharply to obtain healthy bleeding edges. This

wound was also a stellate wound that was closed with intenupted chromic sutures, leaving

adequate space between sutures for drainage. Of the remaining wounds, the largest were

closed loosely with interrupted chromic sutures or interrupted Monocryl sutures with

adequate space at each of the wounds for drainage, if necessa1y. Several of the wounds on

Adahlia's extremities tunneled from entry and exit sites which placed Adahlia at risk for

compartment syndrome.

On May 19, 2020, Adahlia developed the complication of compartment syndrome in

her right lower leg. She required an immediate fasciotomy to relieve the pressure on the

blood vessels and nerves in that extremity. Under general anesthesia, Dr. Pandya completed

a three-compartment fasciotomy to the right lower leg with a single large incision. This

wound was left open for several days to relieve the taughtness in the limb.

On May 21, 2020, Adahlia was required to be sedated for dressing changes and for

skin closure of the fasciotomy sight.

On May 22, 2020, Adahlia was discharged from the hospital and was cared for by her

legal guardian, Ms. Hewins. However, Adahlia required skilled nursing care and physical

therapy from May 26, 2020, through August 19, 2020, delivered by Androscoggin Home

Health Care and Hospice.

Adahlia's fair, reasonable and necessary medical bills total $57,632.46.

Adahlia's right lower leg is permanently disfigured as a result of the fasciotomy scar.

Adahlia was disabled and largely inactive for the entire summer of 2020. The photographs

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marked as Plaintiffs Exhibit 3 in the "Adahlia M. Hewins-Bracy Exhibits" binder are fair

and reasonable representations of her injuries.

The wound care, dressing changes and bathing were particularly painful for her. Also,

Adahlia's pain and suffering was not exclusively physical in nature. Barbara describes that

Adahlia was frightened of dogs for a rime which has gradually improved. Adahlia was also

frightened by the short separation from her guardian while they were at different hospitals.

The scars on her body will also be daily reminders of the attack. The court finds Adahlia has

incurred general damages for pain, suffering, loss of enjoyment of life and permanent

disfigurement in the amount of $175,000.00.

The Court enters judgment against the Defendants, jointly and severally, in favor of

Barbara for her individual injn11es in the amount of $134,352.71.

The Court enters judgment against the Defendants, jointly and severally, in favor of

Barbara Hewins in her representative capacity as guardian and next friend of Adahlia

Hewins-Bracy, a minor, in the amount of$ 232,632.46.

It is FURTHER ORDERED that out of the proceeds of the judgment relating to

Adahlia Hewins-Bracy a sum totaling one-third of the judgment plus out-of-pocket costs will

be paid to the Plaintiff's attorney as that money is collected by Plaintiff's counsel.

It is FURTHER ODERED that out of the proceeds of the judgment relating to

Adahlia Hewins-Bracy a sum will be paid to the State of Maine in satisfaction of the

MaineCare lien as that sum may be negotiated by Plaintiffs counsel which will not Wcely be

in lump sum form as there is no liability insurance.

With the exception of the aforesaid, all funds collected on behalf of the minor shall

be deposited by her guardian into an interest-bearing account, cash investment, certificate of

deposit or similar type of investment for the exclusive use and benefit of said minor Plaintiff

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Said funds shall be used for the exclusive use and benefit of the said minor Plaintiff and are

to be withdrawn only for the purposes as set forth hercinabove, or upon order of this Court,

or at such time as the minor Plaintiff attains the age of eighteen (18) years, whichever first

occurs.

Within thirty (30) days from receiving the settlement moriies, the guardian, Barbara

Hewins, in accordance with Rule 17A(e) of the Maine Rules of Civil Procedure, shall file a

sworn Affidavit verifying that she has opened such an account and provide the depositary

financial institution and account number, and certifying that a copy of this Order which

contains restrictions on withdrawal has been provided to the depositary financial institution.

The Clerk is instructed to enter this Judgment on the docket for this case,

incorporating it by reference.

Dated: March 2.0 , 2023

Ji.istice Harold Stewart, II
Maine Superior Court

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