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CONFIDENTIAL

Mar. 22, 1997

Personal Injury (Non-Vehicular)
Wrongful Death
Elder Abuse

Confidential

Settlement –  $65,000

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Gary N. Stern
(Gelfand & Gelfand)


Defendant

Lee Ann Kern

Richard J. Ryan
(R.J. Ryan Law APC)

Jeremiah M. Welch
(Saxe, Doernberger & Vita PC)

Mark Schreiber
(Office of the Attorney General)


Facts

In 1995, the decedent was a 93-year-old resident of the defendant board and care. In March 1995, the decedent fell and broke his hip, requiring surgery. After recovery, the decedent was returned to the defendant home, with nursing service being provided under separate arrangements between the family and the defendant nursing service. Soon after the decedent's return to the home and over the next three weeks, the decedent developed multiple decubiti. He developed sepsis, was returned to the hospital on April 17, 1995 and died on May 1, 1995. The defendant family practice group saw the decedent twice prior to April 17, with no change in the treatment plan. The plaintiffs, the decedent's son and two grandsons, brought this wrongful death action against the defendants based on professional malpractice and elder abuse theories of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $250,000. The defendants made a settlement offer of $35,000.

Injuries

Death of a 93-year-old father/grandfather.

Other Information

The settlement was reached approximately one year after the case was filed. A court-ordered mediation was held on Nov. 19, 1996 before Arline Mathews. It did not resolve the matter.


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