Blanchard v. United States
3:23-cv-05460
| W.D. Wash. | Aug 5, 2025Background
- Heather Blanchard died following surgery at Madigan Army Medical Center (MAMC) in January 2022; her husband Roy Blanchard was present at the facility at the time.
- Roy was informed by medical staff of his wife's complications and subsequent death, after which he requested to see her body in the ICU.
- Roy experienced significant emotional distress following Heather's death, affecting his career, and brought claims for Negligent Infliction of Emotional Distress (NIED) and for personal lost wages related to his emotional suffering.
- The United States conceded liability for medical negligence but sought summary judgment to dismiss Roy's NIED and lost wage claims, as well as to exclude expert testimony related to those damages.
- The legal dispute centered on what damages are recoverable under Washington’s wrongful death statute (RCW 4.20.010) following the 2019 amendments and whether NIED is viable when the plaintiff did not unwittingly encounter the death of a loved one.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| NIED Viability | Hospital's conduct & notification caused actionable distress; factual dispute as to negligence | No actionable negligence; Roy requested to see body, so not "unwitting"; no breach | Dismissed; no breach, Roy sought to see Heather |
| Recovery for Plaintiff's Lost Wages | 2019 amendments allow damages for Roy's lost earnings due to emotional impact | Only decedent's damages recoverable; Roy's lost wages tied to own grief are barred | Dismissed; statute bars recovery for grief/lost wages |
| Expert Testimony (Vocational) | Testimony relevant for wage loss and "inconvenience" | Testimony not relevant if lost wage claim barred | Excluded; not relevant to recoverable damages |
| Expert Testimony (Mental Health) | Amendments allow recovery for mental anguish, so testimony relevant | Testimony solely goes to mental anguish/grief, which are unrecoverable | Excluded; not relevant under statute |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard and genuine issue of material fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (burden shifting on summary judgment)
- Hegel v. McMahon, 136 Wn.2d 122 (standards for bystander NIED recovery in Washington)
- Colbert v. Moomba Sports, Inc., 163 Wn.2d 43 (requirement that bystander's discovery of injury be unwitting)
- Reed v. ANM Health Care, 148 Wn. App. 264 (distinguishing NIED where provider conduct prevents family from being present prior to death)
- Philippides v. Bernard, 151 Wn.2d 376 (statutory vs. common law wrongful death claims in WA)
- State v. Ervin, 169 Wn.2d 815 (legislative intent and statutory amendment interpretation)
- Wilson v. Lund, 80 Wn.2d 91 (scope of damages in wrongful death of a child under WA law)