Confidential
Settlement – $258,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Christopher J. Beeman
(Clapp Moroney Vucinich Beeman Scheley)
Experts
Plaintiff
Carole Deitrich
(medical)
Defendant
G. Thomas Leonard
(medical)
Facts
On Aug. 24, 1996, the plaintiff, a frail 87-year-old long-term resident of the defendant skilled nursing facility, was handled roughly by a certified nursing aid (CNA) who was transferring the plaintiff from a wheelchair to bed. In so doing, the CNA fractured the plaintiff's left hip and then was witnessed by other facility employees to strike her in the face to get the plaintiff to be quiet. Although the nursing notes were replete with evidence of the plaintiff's hip pain, no assessment was conducted for 48 hours, at which time the plaintiff was rushed to a nearby Kaiser Hospital where hip surgery was performed. Subsequent investigation by the California Department of Health Services revealed a pattern of patient abuse at the facility. Five Class "A" citations were filed against the defendant facility. The facility is in the process of contesting the administrative actions. The CNA abuser was charged with one count of felony elder abuse (Penal Code º 368) and remains at large. The plaintiff brought this action against the defendants based on a negligent supervision theory of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made an initial settlement demand for $350,000. The defendants made an initial offer of $150,000. Per the defendants, the plaintiff made an initial settlement demand for $700,000 and the defendants made an initial offer of $65,000.
Specials in Evidence
$18,000
Injuries
The plaintiff suffered a fractured left hip and facial contusion.
Other Information
The settlement was reached approximately six months after the case was filed. A mediation was held on July 29, 1997 before Judge William Bettinelli, retired, of JAMS/Endispute resulting in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390