This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Elder Abuse
Nursing Home Negligence

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.


#104719

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390