Nancy Norman, Hazel Phillips, individually and as successor-in-interest of decedent Dorothy Quartermaine v. Life Care Centers of America Inc., et al.
Published: Jan. 5, 2002 | Result Date: Aug. 30, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC741100 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Linda H. Mullany
(Gordon & Rees LLP)
Experts
Plaintiff
Dorothy L. Fisher
(medical)
Joyce M. Licata
(medical)
Bernard A. Michlin
(medical)
Defendant
John A. Berger
(medical)
Roselle A. Zuffoletto
(medical)
Facts
The plaintiffÆs mother, who was 87 years old, was admitted to a skilled nursing facility. Prior to her residency,
the resident suffered from Myasthenia Gravis, a disease causing muscle weakness, and had a history of
hallucinations and confusion. Within the first couple of weeks of her admission, the resident was found on the
floor three times. None of these incidents resulted in injuries, other than two small skin tears on her fingers.
Following each of these incidents, the facility assessed the resident and implemented
various approaches to prevent her from getting out of bed without help. Despite interventions
implemented, the resident was found on the floor of her room on a fourth occasion. She had
been observed sleeping in her bed 15 minutes earlier. She sustained injuries, including bruising
and a fractured wrist, tooth and nose. Following this incident, her treating physician ordered that
physical restraints be used to prevent her from climbing out of bed without help. The resident
fully recovered from her injuries and no other incidents occurred during the next four months that
she was a resident at the facility. The resident died two days after being transferred to another
facility by her family.
Settlement Discussions
The plaintiff demanded $499,999 in September 2000. The defendant offered $75,001 on Oct. 23, 2000.
Injuries
The resident suffered bruising and a fractured wrist, tooth and nose.
Other Information
<P>The plaintiff has filed a motion for judgment notwithstanding verdict, as well as a notice of intent to file motion for new trial. In pretrial motions, the defendants successfully argued that the facilityÆs history with the DHS, as well as an issuance of a citation regarding this residentÆs care, were inadmissible. As a result, the plaintiffs were precluded from using deficiencies or citations issued against the facility or plans of corrections as evidence at trial.</P> The verdict was reached approximately one year and six months after the case was filed.
Deliberation
half day
Poll
9-3
Length
12 days
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