Facts

On Sept. 26, 2014, claimant Jane Doe underwent spinal hernia surgery at Kaiser Moreno Valley Hospital. After the successful surgery, she was transferred to the PACU with her mother in attendance. Her primary nurse responsible for her care and preparation for discharge was Maggie Garrison.

Claimant filed suit against defendants, claiming she suffered a fall. No one charted this fall.

CLAIMANT'S CONTENTIONS:
Claimant claimed she was placed in a sitting position with her legs hanging over the gurney and told by Garrison to get dressed and that Garrison would be back in a moment. Garrison then left whereby presumably the fall occurred. Claimant's recollection about the mechanics of the fall was extremely fuzzy. She could not recall if she put one leg or two legs down, however, she fell to her right side injuring herself without anyone in attendance. She recalled a few individuals assisting her off the floor.

Claimant contended that a fall assessment was required pursuant to Kaiser's policies and procedures, and was not done. Claimant claimed that the patient was a high risk for a fall being post-op and under the effects of potent anesthesia. Claimant claimed that when she was asked to get dressed, it was below the standard of care to leave the patient and that the nurse needed to remain by the patient's side in order to brace the patient and prevent a fall.

RESPONDENT'S CONTENTIONS:
Respondents contended that no fall was reported in the PACU on Sept. 26, 2014. Claimant did not report the fall in a number of subsequent phone conversations/office visits until approximately one month later. Respondents claimed that any alleged fall could not cause the rotator cuff damages.

While under the effects of Propofol and Versed, both potent anesthetics, claimant recalls being shown clothes sitting on a chair by her gurney. Garrison has a contradictory recollection claiming that she instructed the claimant not to get off the gurney and that she should only put her top on, and call for assistance if needed. Claimant's mother was present at the time. She was informed by Garrison that she would help show her the way out and that she was going to get a wheelchair and would help claimant get dressed. Garrison claimed to be unaware of the fall and no one who assisted claimant off the floor ever made a report.

Damages

Claimant claimed that she was forced to go from management position at Walmart to an hourly worker status. As such, her past lost earnings equaled $12,879 and future lost earnings of $247,000.

Injuries

Claimant claimed that she sustained a right shoulder supraspinatus rotator cuff tear with AC arthritis and impingement. She underwent a right arthroscopic Mumford procedure and subacromial decompression and rotator cuff repair, which was successful. Claimant claimed a lumbosacral strain and a right knee patellofemoral impaction injury.

Result

After arbitration, the arbitrator issued an award of $175,000 for general damages and past/future loss of earnings of $61,786 for a total award of $236,786.