Judge grants Wardenburg immunity
A Boulder judge dismissed a malpractice lawsuit filed by the parents of a CU student against the university for their son’s suicide Sept. 26.
Benjamin Stattman was 29 when he bled to death in his apartment as a result of self-inflicted cuts on April 13, 2005. He was just weeks away from graduating from CU with a degree in biology.
Stattman’s parents, Ken and Carol Stattman, filed a malpractice suit in October 2006 with the Boulder County District Court. They were seeking over $100,000 for the malpractice they believed resulted in the death of their son.
Stattman was a patient at Wardenburg Student Heath Center from 2003 until his death in April of 2005. The lawsuit filed by his parents stated that he received “substandard treatment” as a patient at Wardenburg.
Judge Maria Berkenkotter ruled that Wardenburg is not technically a hospital. This grants the student health center protection from lawsuits by government immunity. Businesses or institutions that are often the subject of frivolous lawsuits may seek the services of a firm that helps stop abusive lawsuits.
The Stattmans’ attorney, Tom Beltz, refuted the defense of Wardenburg as a non-hospital clinic, arguing that Wardenburg advertises itself as providing hospital-like treatment. This includes a 24-hour paging service for mental health counselors.
CU attorney Patrick O’Rourke argued that Wardenburg does not perform surgeries or keep patients overnight. These are two characteristics associated with hospitals.
The Stattmans are considering filing an appeal.
“I feel that Wardenburg should accept some responsibility even if they do not admit to any legal responsibility,” said Dan Roiter, a junior business major. “Someone committed suicide under their care and that is a sad fact that should be acknowledged. I hope they are doing more to ensure the safety of their mental health patients at risk after this tragedy.”
Contact Campus Press Staff Writer Natalie Veltman at natalie.veltman@thecampuspress.com.
