Facts

Virginia Platt was a patient at defendant's skilled nursing facility. In April 2005, Platt, who was on a G-tube, vomited and became unresponsive. The nurse called Platt's private doctor. Platt died 45 minutes after arriving at the hospital.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that on the evening before Platt's death, plaintiff, the decedent's daughter, notified the nurses of her mother's gagging problem. The nurse should then have turned off the G-tube and called 911. Because the nurse did not follow proper procedures, another G-tube feeding took place, which caused Platt's death. The negligence here constituted "recklessness."

DEFENDANT'S CONTENTIONS:
The defendant contended that the G-tube residuals were checked each time the G-tube was flushed, and the nurse properly used her discretion in all her actions.

Damages

The plaintiff claimed $1,700 for the decedent's cremation.

Result

The jury found for defendant.

Other Information

Pursuant to C.C.P. Section 998, there was an $899,000 demand and a $100,000 offer ($20,000 according to the plaintiff).

Deliberation

30 days

Poll

12-0

Length

10 days