Verna F. Hafey v. Ocadian Care Centers Inc. dba Care Center of Rossmoor
Published: Aug. 10, 2004 | Result Date: May 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: C0301662 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas K. Stern
(medical)
Jerilyn A. Ratto
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Bennett G. Zier
(medical)
Katherine A. Kelly
(medical)
Facts
Verna Hafey, an 83-year-old retiree, was admitted to Care Center of Rossmoor, a nursing facility in Walnut Creek, for treatment of a spine compression fracture. While there, Hafey fell while she was unattended. Due to her age and senility, she was unable to testify regarding the circumstances of her fall. After the fall, however, she did report to the staff that she stood up from her wheelchair and tripped. Hafey was a recognized fall risk at the time. She sued Ocadian Care Centers Inc., operating as Care Center of Rossmoor, Corte Madera, alleging professional negligence.
Settlement Discussions
The plaintiff demanded $75,000 and the defendant offered $40,000.
Damages
$125,000 for increased living and care expenses. Noneconomic damages for pain and suffering and loss of enjoyment of life.
Injuries
The plaintiff suffered a fractured hip that required surgical hemiarthroplasty. She alleged she was rendered immobile, wheelchair-bound and in need of assistance with her daily life activities.
Result
DEFENSE
Deliberation
1.5 hours
Poll
9-3
Length
two weeks
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