Pubdate: Wed, 02 May 2001
Source: Herald, The (WA)
Copyright: 2001 The Daily Herald Co.
Contact:  http://www.heraldnet.com/
Details: http://www.mapinc.org/media/190
Author: Jim Haley, Herald Writer
Related: http://www.mapinc.org/drugnews/v01/n755/a04.html

MURPHY WINS $2.6 MILLION

Jury Finds For Former Sheriff In Suit Against State

Pharmacy Board found negligent in releasing prescription information about 
his use of pain killers

EVERETT -- Former Snohomish County Sheriff Patrick Murphy, a chronic pain 
patient, has been awarded a little self-respect and a lot of money.

"I was very relieved," Murphy said following the favorable verdict by a 
Snohomish County Superior Court jury.

Following a monthlong trial, the civil court jury awarded Murphy $2.6 
million because the state Board of Pharmacy negligently disclosed his 
confidential prescription information to county officials at a meeting on 
June 12, 1995.

Murphy, who suffers from a chronic jaw injury, had been taking numerous 
prescriptions from multiple doctors, a signal that alarmed board 
investigators in early 1995.

The jury also awarded a total of about $200,000 to his wife, Susan, and 
three of their children.

Murphy said he didn't have any idea what amount a jury might award. His 
lawyer asked for up to $10 million.

"We certainly got our name cleared, and that's what I want more than 
anything," Murphy said. "The monetary thing seems to take care of the 
attorneys."

Murphy still could face some legal challenges before he gets a dime, 
including a possible appeal by the state or the possibility that the judge 
will overturn the jury's decision.

Murphy gave full credit to his lawyer, Mark Northcraft, who "stuck with us 
for six years on an amazing case, a story that needed to be told for a long 
time."

Murphy said earlier the trial was his first opportunity to get his story 
out after leaving the sheriff's office in disgrace six years ago when a 
special prosecutor charged him with fraudulently obtaining prescriptions 
for painkillers.

Murphy then lost an election for sheriff in November 1995, and he hasn't 
worked since. He and others also testified about his deep depression and 
thoughts of suicide in the intervening years.

"I think what's next for me is to try and put my life back together and to 
physically become stable so I can find a new career," the former sheriff said.

Murphy, who was police chief in Snohomish for 13 years, said he wants to go 
into education, perhaps teaching law enforcement.

The jury decided Murphy's total damages amounted to $3.25 million. But it 
also decided that Murphy himself was 20 percent responsible for his 
problems. That reduced the verdict to $2.6 million.

The jurors filled out a complicated, four-page verdict form. On most of the 
critical questions, one or two jurors didn't vote with the majority. At 
least 10 jurors must agree on an issue in a civil trial.

Among other things, the jurors voted 11-1 that, based on the evidence they 
heard, Murphy did not engage in the commission of a felony.

Jurors also dismissed one of Murphy's claims that state and county 
officials engaged in a civil conspiracy against him.

Murphy still has some hurdles to overcome.

The state could appeal, although state lawyers who handled the case were 
not available Tuesday afternoon for comment.

In addition, Judge Ronald Castleberry has taken under advisement a state 
motion to dismiss the conspiracy and negligence claims because not enough 
evidence was produced to prove them.

If the judge rules in favor of the state, he could overturn the jury's verdict.

Northcraft said he expects the judge to set up a schedule for written legal 
arguments on that issue in the next few weeks.

Both Murphy and his wife, Susan, said national groups that deal with 
chronic pain patients have been following the trial.

Murphy had been receiving a lot of the pain medication for his jaw injury. 
In addition, he suffered a series of accidents in the early 1990s, leading 
to more injures and the need for more pain medication.

Without getting a search warrant, Pharmacy Board investigators surveyed 
area pharmacies and compiled a list of some 260 Murphy prescriptions over a 
17-month period. They took the information to Snohomish County Executive 
Bob Drewel and Jim Townsend, chief criminal deputy prosecutor.

Murphy said the trial should assure people that the state will take better 
care of their confidential health information in the future.

He still maintains that the Pharmacy Board was out to get him, and county 
officials wanted him out of the 1995 sheriff's election.

One of his daughters, Muriel Murphy, 20, said she is relieved also.

"I wanted my dad back, that's all. If he could be who he was when I was 
little, that's all that matters."

Northcraft said he doesn't know where jurors got the idea that Murphy was 
20 percent responsible for his own woes. He hopes to communicate with some 
by letter. Jurors declined to speak to attorneys and the news media after 
the verdict was read.

"Patrick was never deceptive," Northcraft said. "She's the least deceptive 
man I've ever met. ... Patrick Murphy never lied. He never deceived 
anybody. He just had pain."

Sidebar --

The Murphy file

Became Snohomish police chief in 1982.

Suffered a severe jaw injury in 1988.

Was appointed sheriff March 8, 1995.

Became the target of a state Pharmacy Board inquiry in spring 1995. State 
releases Murphy's medical information to county officials.

Was charged by a special prosecutor with fraudulently obtaining 
prescriptions in October 1995.

Lost sheriff's race to Rick Bart on Nov. 7, 1995.

Wins bid in July 1996 to have critical evidence thrown out because no 
search warrants were obtained. Charges dismissed.

Gets a $2.6 million jury award on May 1, 2001, because of the state's 
release of his medical records to county officials.
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