Madeline Eagle, individually and through her Successor-in-Interest, Laurie Milton, and Laurie Milton, an individual v. ACME Skilled Nursing Facility
Published: Oct. 9, 2010 | Result Date: Jul. 10, 2010 | Filing Date: Jan. 1, 1900 |Settlement – $850,000
Court
Orange Superior
Attorneys
Plaintiff
Lisa T. Flint
(Moran Law)
Michael F. Moran
(Moran Law)
Defendant
George E. Nowotny III
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Dalila Corry
(medical)
Stanley Dea
(medical)
Robert T. Wang M.D., Ph.D.
(medical)
Nancy Henry
(medical)
Sandra Wallace
(medical)
Defendant
Margaret E. Spencer
(medical)
Patrick Joseph
(medical)
Andrew S. Wachtel M.D.
(medical)
Facts
Plaintiff Madeline Eagle was admitted into ACME Skilled Nursing Facility on Nov. 26, 2008 to undergo antibiotic therapy. On December 19, Eagle was transferred to Los Alamitos Medical Center for renal failure and septic condition. She died on December 25.
Eagle's daughter, Laurie Milton, filed suit against ACME, alleging medical malpractice, elder abuse, and failure to monitor.
Contentions
PLAINTIFF'S CONTENTION: Milton contended that ACME failed to assess Eagle's fluid needs and monitor her intake and output, despite knowing she was at risk for dehydration. She further alleged that this failure led to Eagle's dehydration and caused her to develop ischemic colitis. Milton offered evidence of Dept. of Health issued citations to ACME for Eagle's care, which cited ACME for failing to assess Eagle's fluid needs, failing to assess her for signs and symptoms related to insufficient fluid intake, and failing to notify the physician of her inadequate fluid intake. Milton alleged violations of the Health & Safety Code for ACME's administration of psychotropic drugs without obtaining informed consent.
DEFENDANT'S CONTENTIONS:
ACME alleged that Eagle died as a result of an underlying infectious process from a urinary tract infection she had before she was admitted.
Damages
Plaintiff sought $1.5 million in damages.
Injuries
Eagle suffered renal failure, sepsis, and death.
Result
The parties reached a settlement for $850,000.
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