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CONFIDENTIAL

May 11, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

Confidential

Settlement –  $5,000

Judge

Barbara T. Gamer

Court

San Diego Superior


Attorneys

Plaintiff

Bonita P. Martinez

Catherine Hughes


Defendant

Sandra Jamie Smith
(Santa Cruz, Cannon & Kothary)


Experts

Plaintiff

Calvin A. Colarusso
(medical)

Steven Poceta
(medical)

Defendant

Mark Kritchevsky
(medical)

Nancy Beecham
(medical)

Facts

On March 26, 1993, the plaintiff, a 72-year-old retired woman, was a resident of the defendant skilled nursing facility. The plaintiff slid off her wheel chair and postural support sustaining injuries. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $80,000. The defendant made a settlement offer for $5,000.

Injuries

The plaintiff alleged that she sustained a left frontal hematoma and exacerbation of preexisting organic brain syndrome as a result of the defendant's conduct.

Other Information

The award was reached approximately two years after the case was filed. A three day binding arbitration was concluded on February 21, 1996, before arbitrator Peter S. Doody, Esq. resulting in the award of $5,000 for the plaintiff.


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