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CONFIDENTIAL

Apr. 20, 2002

Torts
Elder Abuse
Nursing Care Negligence

Confidential

Settlement –  $595,000

Court

Contra Costa Superior


Attorneys

Plaintiff

Melvin K. Dayley

Peter G. Lomhoff


Defendant

Rick Canvel


Facts

The plaintiffsÆ father was a resident of the defendantÆs six-bed residential care facility for the elderly where he
developed a large stage IV pressure sore on his buttocks. He was transferred to an acute care hospital and he
died of a heart attack at the age of 85. The medical staff at the acute facility stated that the pressure sore and the
resulting infection were substantial factors in causing the heart attack.

Settlement Discussions

Several months prior to the settlement, the plaintiffs submitted a C.C.P. Section 998 offer for $375,000 which was rejected. The parties subsequently settled the matter privately and without the assistance of a mediator.


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