South Carolina Supreme Court Rules Against DSS

“The State Supreme Court ruled against the Department of Social Services Wednesday in a case that has been ongoing since 2008.

Diane and Otis Bass have three children, two of whom have autism.

When a pharmacy mixed the children’s prescription at 1000 times stronger than the recommended concentration, the kids were hospitalized.

DSS was called to investigate after suspicions that the parents poisoned the children, subsequently taking the children out of their home.

After confirming that the prescriptions were wrongly filled, the family filed suit, taking DSS, the pharmacy, and pharmacist to court.

The pharmacy and pharmacist settled, but the case went on with DSS, as the family alleged gross negligence and sought damages.

Initially, a jury had ruled in favor of the Bass family.

“The jury returned a verdict of $4 million. The judge reduced the verdict to $600,000, which is the cap under the state’s tort claims act, which applies when the government is sued,” family attorney Jamie Walters said.

However, DSS appealed to the Court of Appeals, who then issued a ruling that would leave the Bass family with nothing.

That’s when the family appealed the case to the State Supreme Court, making their arguments in March. The Supreme Court released their opinion Wednesday, reversing the Court of Appeals’ ruling and siding with the Bass familly.”

SC Supreme Court Rules Against DSS in Case [WLTX 12/2/15 by Joyce Koh]

REFORM Puzzle Piece