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Personal Injury
Medical Malpractice
Alleged abuse of a dependent adult

Patrick Cottini v. Enloe Rehabilitation Center

Published: Jul. 30, 2011 | Result Date: May 27, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 143355 Verdict –  Defense

Court

Butte Superior


Attorneys

Plaintiff

Lawrance A. Bohm
(Bohm Law Group Inc.)


Defendant

Julie C. Martin


Facts

Patrick Cottini, a quadriplegic, sought care at Enloe Medical Center and Enloe Rehabilitation for a shoulder fracture that he had sustained while training for the Paralympics. He claimed that the care he received at Enloe fell below the applicable standard of practice.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant provided inadequate care, which resulted in a scrape on plaintiff's scrotum. He also claimed that when staff tried to lift him, he fell, and that a prior pressure sore was worsened. Plaintiff further argued that these injuries got in the way of his career as a hand cyclist.

DEFENDANT'S CONTENTIONS:
Despite the very best of care, Mr. Cottini's prior pressure ulcer re-opened during his hospitalization because of his unique anatomy, and not because staff was negligent. Further, Enloe provided bowel care that resulted in eight bowel movements during his 12 day hospitalization. Defendant also argued that while it allows for patient preferences whenever possible, that to permit him to continue with his home bowel care regimen would have presented a significant fall risk due in large part to his shoulder injury. Defendant also demonstrated that the only individual referencing any fall was plaintiff. The nurse charged with his care did not witness or hear of a fall from the patient, and the therapist who allegedly dropped Mr. Cottini did not chart any fall. Defendant also argued that none of the alleged care rendered by Enloe caused any injury to plaintiff.

Damages

Plaintiff sought $13 million in damages.

Result

The jury found in favor of the defense.

Poll

9-3


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