Facts

Wilma Campbell suffered from rectal bleeding and was admitted to Mt. Diablo Medical Center in Concord for treatment. Campbell, 87, was returning to her bed after using the bathroom when the bed rail gave way and struck her leg. At the time of her injury, Campbell, who was being helped by a nurse, was using the rail for support. In a lawsuit filed against Mt. Diablo and John Muir/Mt. Diablo Health Systems, Campbell alleged negligence on behalf of the nursing staff.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that her injury resulted because nurses failed to lock the bed rail in position. A patient sharing a room with the plaintiff supported her claim by stating that she heard what she thought was the sound of the rail collapsing. The patient also claimed that she heard the plaintiff crying after the incident.

DEFENDANT'S CONTENTIONS:
The defense denied the negligence allegation and challenged the plaintiff's roommate's account of the incident, claiming she may have exaggerated because she was displeased with the hospital. In addition, the defense claimed that the plaintiff was elderly and had various medical problems that made her prone to suffering hematomas from minor injuries.

Settlement Discussions

The plaintiff demanded $550,000 and the defendant offered $75,000.

Specials in Evidence

$112,757. $131,890 in Medicare payments. $5,000 per month in assisted living costs. $542,000 in past and future costs.

Damages

The plaintiff sought past and future pain and suffering damages in the amount of $552,000.

Injuries

The plaintiff's hematoma required debriding. It then developed into a calf wound that necessitated a skin graft. Consequently, the plaintiff is unable to use her left leg. She has since developed disuse atrophy and is bedridden. She suffers from swelling in her legs and back pain when she tries to sit in a wheelchair even for a short period of time.

Result

Defense verdict.

Deliberation

45 minutes

Poll

11-1

Length

seven days