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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

Maridon Estes v. Tustin Royale Retirement Home, et al.

Published: Mar. 30, 1996 | Result Date: Mar. 4, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 737297 –  $908,800

Judge

Robert Gardner

Court

Orange Superior


Attorneys

Plaintiff

John E. Sweeney
(Sweeney Firm)


Defendant

Steven R. Bangerter

Robert L. Toolen


Experts

Plaintiff

Wilfred G. Van Gorp
(medical)

William C. Wirshing
(medical)

Defendant

Lon Schneider
(medical)

Facts

The plaintiff, Maridon Estes, a 61-year-old woman with a twenty year history of Bi-Polar disorder (manic depression), became a resident of the defendant, Tustin Royale Retirement Home, a board and care facility for the elderly, on January 18, 1994. The defendant was to administer several medications to the plaintiff, including the drug lithium. The plaintiff alleged that attendants employed by the defendant negligently administered excessive doses of lithium to the plaintiff for a period of three weeks between January 19, 1994, and February 7, 1994. The plaintiff brought this action against the defendants based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $1,000,000 (policy limits). The defendants made a C.C.P. º998 offer of compromise for $125,000.

Specials in Evidence

$55,999.59 $504,000.00 (board and care)

Injuries

The plaintiff alleged that she sustained acute lithium toxicity causing cognitive brain damage as a result of the defendants' conduct.

Result

A settlement conference was held in November 1995 at J.A.M.S./Endispute but did not resolve the matter.

Other Information

The verdict was reached approximately one year and five months after the case was filed.

Deliberation

3 hours

Poll

12-0

Length

4 weeks


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