Confidential
Settlement – $65,000Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Gary N. Stern
(Gelfand & Gelfand)
Defendant
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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