Facts

Plaintiff Donald Jensen, 84, had hip surgery and was admitted to Park Anaheim Healthcare Center (Park Anaheim) for physical therapy and rehabilitation. Two weeks later, while at Park Anaheim, Jensen fell out of his wheelchair onto the ground. A CT scan showed that Jensen had suffered a stroke.

Jensen sued Longwood Management Corp. (Longwood), who operated Park Anaheim, for negligence and elder abuse.

PLAINTIFF'S CONTENTIONS:
Jensen argued Longwood should have recognized he suffered a stroke and alleged they failed to transfer him to an acute care facility until one day after the fall. Jensen claimed, that as a result, he was unable to receive Tissue Plasminogen Activator (tPA) stroke treatment, known to minimize heart damage from a stroke, because it must be given within three hours of the initial onset of an ischemic stroke to be effective.

DEFENDANT'S CONTENTIONS:
The defendant claimed it conducted neurological assessments on Jensen every 15 to 30 minutes after the incident and that there were no signs he suffered a stroke. Longwood also argued that Jensen was not a candidate for tPA because there was a high risk of bleeding because his surgery had been performed just 14 days earlier.

Damages

Jensen sought $783,000 in damages, which included past and future medical costs, pain and suffering, and loss of earnings. No breakdown was given.

Result

Judge James Alfano, retired, awarded Jensen $470,400, but Judge Alfano granted the defendant's motion for a remittitur, reducing Jensen's loss of income. Accordingly, Jensen's final arbitration award was $421,570.