Facts

The plaintiff is Frances Miley. The defendants are Alameda County Medical Center, Alameda County Sheriff's Dept. and others. The plaintiff was employed with defendant Medical Center. During 2001-2003, the plaintiff worked in the Highland Hospital Emergency Dept. Her request to transfer to another assignment was granted.

On Nov. 13, 2003, her last night at the emergency department, the plaintiff celebrated and became intoxicated. She was arrested for her intoxication. While the plaintiff was in jail, a police officer determined that she was a danger to herself. The police officer called a hold pursuant to Welfare & Institutions Code Section 5150. The plaintiff did not challenge the arrest and Section 5150 hold.

Before being sent to a psychiatric facility for evaluation, the plaintiff was taken to Highland Hospital so that she could undergo a medical clearance. However, plaintiff asked to be taken to a hospital other than Highland and her request was denied.

At Highland, the plaintiff left her room to go to her office on the same floor. She needed to use her office phone after realizing she had lost her credit card. While the plaintiff was on the phone in her office, defendant Richard Rubin, a nurse, defendant John Calegari, a deputy, and another deputy walked in. They escorted the plaintiff back to the emergency department and fastened her to a gurney. The plaintiff objected to the use of a leather restraint. A photograph of the restraint was taken at the plaintiff's request. However, the photograph was later lost at the hospital. After one hour, the plaintiff was medically released for a psychiatric examination at John George Pavilion. A psychiatrist immediately concluded that she should be released from the Section 5150 hold and sent home.

An investigation by defendant Medical Center revealed that the plaintiff's privacy rights had been violated. However, the investigator could not identify the persons responsible.

PLAINTIFF'S CONTENTIONS:
The plaintiff asserted that she was improperly restrained in violation of national standards and defendant Medical Center's standards. She was not an imminent threat to herself or others. She also claimed the leather restraint contained blood. Further, she argued that the one-point four-foot leather restraint did not comply with the applicable standards and was dangerous. While the plaintiff worked at Highland, she noticed blood on the restraints and discovered that some of the restraints did not comply with national standards. In her work plaintiff learned that restraintes were used at the Medical Center out of compliance with national standards, and that training was not adequate.

The plaintiff further alleged that on the night of her arrest, although she was cooperative during her stay at the Highland Emergency Dept., the deputies grabbed her and held her down while she was restrained. She claimed she was not screaming and there was no reason for the restraint. A witness stated in his declaration that the plaintiff was manhandled. The plaintiff further claimed that when she was being transported on a gurney to John George, defendant Rubin threw the Patient's Rights Handbook at her and it hit her in the abdomen.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiff was properly restrained because she was trying to escape. Defendant Calegari testified that he never touched the plaintiff. Further, she was screaming the entire time. Defendant Calegari did testify that the plainitff was cooperative. Counsel for defendant Calegari threatened to sue the plaintiff and her attorney for malicious prosecution.

Settlement Discussions

The plaintiff dismissed defendant Sheriff's Dept. in exchange for a waiver of costs. Defendant Calegari made a Section 998 offer of $1,001. Defendant Medical Center requested that the settlement terms be modified to show that funds were paid only on behalf of the Alameda County Medical Center, not the individual defendants. Defendant Medical Center made an offer of $44,999 with mutual releases.

Damages

The plaintiff claimed approximately $3,000, the cost of the psychological treatment.

Result

The plaintiff accepted defendant Medical Center's offer on March 1, 2006 and Defendant Calegari's Section 998 offer on March 2. Thus, according to an attorney for plaintiff, the case settled for $46,000 while plaintiff was meeting and conferring about a motion to compel production of audit documents for the 2000-2003 time period.

Other Information

According to counsel for the plaintiff, plaintiff's retained expert was prepared to explain that restraint of patients was often used by hospitals for improper reasons such as punishment, and how training and staffing could reduce improper use of restraints.