Truehill, et al. v. Western Medical Center, et al.
Published: Sep. 21, 1996 | Result Date: Jul. 31, 1996 | Filing Date: Jan. 1, 1900 |Case number: 722908 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Jeffery W. Grass
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Richard H. Greengold
(medical)
Claudette Verentro
(medical)
Defendant
David Plotkin
(medical)
Dale E. Isaeff
(medical)
Facts
On June 8, 1992, decedent Maria Carrosco, a 79-year-old insulin dependent diabetic with osteoarthritis and chronic renal failure, was admitted to defendant Western Medical Center/Bartlett, a skilled nursing facility. The decedent was transferred to defendant Western Medical Center of Santa Ana on Jan. 4, 1993. She died five days later. The plaintiffs, the decedent's daughter and estate, brought this action individually and as the representative of the Estate of Maria Carrasco (which included 11 surviving children), against the defendant centers based on medical malpractice, elder abuse and wrongful death theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $499,000 which was $66,000 (per defendants) or $60,000 (per plaintiffs) more than the demand made one year before trial. The defendants made no settlement offers.
Damages
The plaintiffs sought general damages for wrongful death. Additionally, pursuant to the California Elder Abuse Act and Unfair Business Practices Legislation, the plaintiffs sought damages for pain and suffering of the decedent (W&I Code Section 15657), treble damages, punitive damages and attorney's fees.
Injuries
Death of mother.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. A settlement conference was held on June 8, 1995 before Robert Gokoo, acting by appointment and stipulation. It did not resolve the matter.
Poll
9-3 (liability for plaintiffs); 9-3 (causation for defendants)
Length
5 days
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