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Torts
Elder Abuse
Wrongful Death, Willful Misconduct

Martha Thompson, Chris Thompson v. United States of America

Published: Jan. 3, 2009 | Result Date: Oct. 13, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07-3237 Settlement –  $115,000

Court

USDC Northern


Attorneys

Plaintiff

Timothy M. Hamilton
(Walker, Hamilton & Koenig LLP)

Carolyn L. Rosenblatt


Defendant

Ellen M. Fitzgerald

Joann M. Swanson

Joseph P. Russoniello


Facts

Ollis Thompson, 92, was a patient at San Francisco Veterans Administration Medical Center Nursing Home Care Unit. He was admitted on June 13, 2006 for respite care. Ollis Thompson was married to Martha Thompson and had a son named Chris Thompson. Ollis Thompson was disabled from anemia and other chronic conditions; he required frequent attention for his tracheotomy. Ollis Thompson died on Oct. 2, 2006.

Martha and Chris Thompson filed suit against defendant United States of America on June 19, 2007.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Ollis Thompson was not properly cared for as he became severely malnourished and dehydrated, leading to kidney failure. As well, plaintiffs contended that Ollis Thompson developed a Stage 2 decubitus ulcer in his sacral area due to the poor care given by defendant.

DEFENDANT'S CONTENTIONS:
The defendant denied all allegations.

Damages

The plaintiffs sought damages for wrongful death, negligence, willful misconduct, tort per se, and elder abuse.

Result

The plaintiffs agreed to a settlement of $115,000, which was approved on Oct. 13, 2008.


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