Annie Mae Ollison v. Eskaton, dba Homestead of Fair Oaks, Kennan Runte, DPM, Med Clinic of Sacramento
Published: Oct. 22, 2002 | Result Date: Jul. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00AS05801 Verdict – $3,000,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Loren G. Lipson
(medical)
Michael A. DiGiacomo
(medical)
Roberta Lee Block
(medical)
Defendant
Darrell Hayes
(medical)
Eric Disbrow
(medical)
Bruce Dobbs
(medical)
Facts
The plaintiff, a blind 82-year-old woman, suffered from vascular disease and diabetes. She was
treated on a regular basis by the defendant, Kenneth Runte, D.P.M., for podiatric care. At the
time of her last appointment, she contended that he cut too deeply on a corn which resulted in an
infection which, in turn, became gangrenous and resulted in a mid-foot amputation. She was
admitted to hospital and three days later was discharged to the defendant convalescent facility,
Eskaton dba Homestead of Fair Oaks, on Oct. 1, 1999 for three to six weeks rehabilitation. On
Nov. 8, 1999, she returned to the hospital for above the knee amputation of the left leg and
subsequently discharged to a convalescent home. On Mar. 20, 2000, she was readmitted to
hospital a second time for a below-the-knee amputation of the right leg and, again, discharged to
the convalescent home.
Settlement Discussions
The plaintiff initially submitted a demand for $7 million which was subsequently reduced to $3.5 million. The defendants made no offer.
Other Information
The jury awarded the plaintiff $3 million against the defendant Eskaton, dba Homestead of Fair Oaks only. The jury found the defendants Runte and MedClinic of Sacramento not liable. Defendant Eskaton is moving to reduce the award based on MICRA. The plaintiff plans on filing a motion for attorney fees and costs. The Department of Health and Human Services issued a Class A citation to the nursing facility with a fine for $15,000. The court did not allow the plaintiff to admit into evidence the facility's previous DHS citations and surgery deficiencies.
Deliberation
six days
Length
seven weeks
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