Confidential
Settlement – $59,875Arbitrator
Court
Napa Superior
Attorneys
Plaintiff
Defendant
David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)
Experts
Plaintiff
Shirley M. Kison
(technical)
Defendant
Mary L. Lubin
(medical)
Facts
On Aug. 1, 1996, plaintiff, an 81-year-old retired registered nurse, entered defendant's nursing home following a stroke and her son and daughter-in-laws' move to St. Helena. Per the plaintiff, defendant did not responding to the fracture until the family intervened and insisted on X-rays. Per the defendant, defendant facility immediately assessed decedent and notified her doctor. Decedent was transferred to an acute care hospital where repair of the hip fracture was performed and returned to the facility and made excellent progress with occupational and physical therapies. The plaintiffs' decedent brought this action against the defendants based on negligence.
Settlement Discussions
No settlement discussions prior to the mediation.
Injuries
The plaintiffs claimed defendant's conduct led to a fractured hip and, ultimately, death.
Other Information
The settlement was reached approximately one year and two months after the case was filed. A mediation was held before Kenneth Gack of JAMS, resulting in the reported settlement. Per the defendant, the settlement was based solely on issue of attorney's fees liability via contract, not based on liability.
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