Facts

Ted and Kim Jacques sued alcohol and drug treatment facilities First House LLC and Morningside Recovery LLC after the death of their 20 year old son Brandon Jacques.

Plaintiffs sued First House, its owner Richard Perlin, and Morningside, among others, for wrongful death.

PLAINTIFFS' CONTENTIONS:
Brandon's parents alleged that Brandon suffered from bulimia and binge alcohol abuse. Plaintiffs contended that Brandon was admitted to Morningside on March 14, 2011 in order to treat his eating disorder. Morningside, which has since relocated to Irvine, had advertised itself and represented to the Jacques that it was qualified to treat "dual diagnosis" patients, such as Brandon, who suffered from addictions and eating disorders. Plaintiff claimed this was not true as Morningside's licensure did not allow it to provide medical care.

After several weeks at Morningside, plaintiffs were told on April 1, 2011 that the facility could not treat Brandon's eating disorder and that he required "higher care" in a hospital setting. Plaintiffs and Morningside agreed that the decision where to move Brandon would be made the following Monday, April 4, 2011 and plaintiffs were told that in the meantime Brandon would safely be in their care. Morningside did not reveal that it had transferred Brandon to First House on March 31, 2011, another, lesser detox facility like Morningside that was not licensed to treat eating disorders. Brandon died at First House on April 2, 2011, from cardiac arrest caused by electrolyte imbalances that resulted from his unabated binging and purging.

Plaintiffs claimed that defendant First House negligently accepted decedent as a client and failed to refer him to a facility that could provide him proper care. Plaintiffs contended that Morningside transferred decedent to First House as part of a deal in which First House accepted Morningside's overflow patients at an illegal discount so that Morningside could free up beds to accommodate incoming patients and their substantial fees. Plaintiffs contended that First House was not licensed or equipped to handle individuals with eating disorders but still accepted decedent knowing he needed higher care. Plaintiffs contended that this violated both California law and First House's own internal policies and procedures.

DEFENDANTS' CONTENTIONS:
First House argued that Morningside had a duty to disclose Brandon's eating disorder. First House also argued that Brandon Jacques represented himself has being in excellent physical condition when he arrived at First House and that he should have disclosed his eating disorder, a disorder that First House was neither licensed nor equipped to treat.

Result

The jury found First House 80 percent liable for Brandon's death and Morningside Recovery 20 percent liable. It awarded plaintiffs noneconomic damages of $10,250,000 and funeral and burial costs of approximately $40,622.50. For a total verdict of $10,290,622.50.

Other Information

Morningside and various individual defendants settled with plaintiffs before trial for $3.7 million. FILING DATE: March 29, 2012.