Radonda Vaught v. Tennessee Board of Nursing
M2023-01816-COA-R3-CV
Tenn. Ct. App.Mar 20, 2025Background
- Radonda Vaught, a registered nurse at Vanderbilt University Medical Center, mistakenly administered the wrong medication (Vecuronium instead of Versed) to a patient, leading to the patient's death.
- The Tennessee Department of Health initially investigated but decided not to pursue disciplinary action, only to reopen the investigation later based on the same facts.
- Vaught was also criminally prosecuted and convicted of offenses related to the incident.
- Following a contested administrative hearing, the Tennessee Board of Nursing revoked Vaught's nursing license.
- Vaught sought judicial review under the Uniform Administrative Procedure Act, raising new affirmative defenses (res judicata and collateral estoppel) and sought to introduce new evidence after the hearing.
Issues
| Issue | Vaught's Argument | Board's Argument | Held |
|---|---|---|---|
| Whether prior closure by Dept. bars new charges (res judicata/collateral estoppel) | Dept. closing initial complaint was a final determination | Initial closure was not a final, quasi-judicial agency decision | Initial closure not a final adjudication; res judicata/collateral estoppel don't apply |
| Waiver of affirmative defenses | Did not waive preclusion doctrines despite not raising earlier | Waived defenses by not raising them during admin. proceedings | Vaught waived both by not raising them before the Board |
| Admissibility of Dr. Bosen’s post-hearing letter | Letter was new, material evidence Board should consider | Not material; could and should have presented at hearing | Letter not newly discovered or material; trial court properly refused to remand or reopen the record |
| License revocation decision | Board’s decision was unlawfully based on incomplete record | Decision was based on full, fair hearing and Vaught’s admissions | Board's revocation affirmed; record and procedure were adequate |
Key Cases Cited
- Davis v. Shelby Cnty. Sheriff’s Dep’t, 278 S.W.3d 256 (Tenn. 2009) (standard for judicial review of agency proceedings)
- Pratcher v. Methodist Healthcare Memphis Hosps., 407 S.W.3d 727 (Tenn. 2013) (waiver of affirmative defenses if not pled)
- Emory v. Memphis City Sch. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017) (issues must be raised before administrative tribunal to preserve for appeal)
- Bowden v. Ward, 27 S.W.3d 913 (Tenn. 2000) (de novo review of non-jury cases)
- Jones v. Garrett, 92 S.W.3d 835 (Tenn. 2002) (deference to trial court’s credibility determinations)