D.C. Set To Pay Patient's Family

Man Gouged Eyes At St. Elizabeths

The District has agreed to pay $650,000 to the family of a patient at St. Elizabeths Hospital who gouged out his eyes while under the city's care, officials said yesterday.

As part of the settlement, the guardian for Frank Harris Jr. will drop a $10 million lawsuit accusing the city of failing to give him proper care. The District, meanwhile, agreed to dismiss its attempts to collect $2.2 million in medical costs from Harris's guardian.

Harris, 55, who has schizophrenia, has been committed since 1973 to the Southeast Washington psychiatric facility. In court papers, his guardian's lawyer alleged that the hospital failed to properly supervise Harris after he spoke about demons who were telling him to pull out his eyes. Days later, and despite a physician's warning, the court papers said, an unrestrained Harris used his hands to gouge out his eyes. He has been blind since the March 2003 incident.

The case has generated controversy because the city sent a bill for room and board after Harris's guardian filed the lawsuit in D.C. Superior Court. Several D.C. Council members said the bill was unfair and should be withdrawn.

Lawyers representing Mayor Adrian M. Fenty (D) had said the city typically seeks payment from indigent patients who receive financial windfalls. But several council members said that in Harris's case, it seemed like a retaliatory response to the lawsuit.

Harris's attorney, Joseph Cammarata, called yesterday's settlement "precedent-setting" for future cases involving people who file claims against the city.

In addition, Cammarata said, the outcome "provides some funds for Mr. Harris to supplement whatever care he may ever be receiving at St. Elizabeths in order to help him adjust to a life of blindness."

The settlement, contingent upon the court's approval, requires the city to pay within 60 days.

D.C. Attorney General Linda Singer issued a statement saying officials believe the agreement "is fair and reasonable" for all sides.

Council member Phil Mendelson (D-At Large) praised the settlement but said the case was "mishandled" by the city. Mendelson said it was never proved in court that Harris's injuries were a result of lapses by the hospital. Still, he said, the city was too quick to send a bill to guardian Janice Motley after the lawsuit was filed.

"The city got themselves in a reactive, defensive posture from the get-go," Mendelson said.

Last week Mendelson introduced legislation that would prevent the city from billing patients in the city's care in cases in which the city was found to have been negligent. Mendelson said he believes yesterday's agreement should make it easier for his legislation to pass.