Facts

The decedent was a high functioning autistic boy, who had spent a great deal of his history in group facilities. Plaintiff is the loving father of the decedent, who visited his son regularly at the defendant rehabilitation center.

Plaintiff claimed that in order to restrain the decedent when he acted out, defendants violently battered the decedent such that he sustained a broken arm. He was transported to a local hospital, where he underwent surgery for an intra-articular fracture of the distal humerus via an open reduction. This surgery occurred on July 14, 2008 several days after the alleged incident occurred. Plaintiff alleged that the incident occurred on July 3, 2008.

On Aug. 4, 2008, a second surgery was required for an infection, which included an incision and drainage. Subsequently, the decedent was placed in a different group home and died, which is the basis of a different litigation.

The parties mediated this case prior to significant discovery.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant rehabilitation center and its employees were medically negligent and committed adult abuse by physically assaulting, battering, and restraining the decedent such that his arm became fractured. Following the surgery, the defendant was transferred to a different adult facility, where he subsequently expired from causes unrelated to the events complained of in this litigation.

DEFENDANT'S CONTENTIONS:
Defendant contended that the decedent was autistic, large, and acted up. Any inadvertent assault was not intended, nor was there any reasonable grounds to believe other restrains would have been appropriate.

Settlement Discussions

Plaintiff demanded $250,000. Defendant offered $25,000.

Specials in Evidence

$100,000 significantly reduced due to Medicare's payment schedule.

Injuries

Pre-death pain and suffering.

Result

The case settled for $100,000, payable in $25,000 monthly increments commencing Jan. 1, 2011. Plaintiff has agreed to assume responsibility for any purported Medicare lien.