Facts

The decedent's wife summoned ambulance for her 79-year-old husband, who had been coughing up blood. The decedent was a diabetic and had kidney disease. Both of his legs had been amputated; one hand and most of the other hand had also been amputated. American Medical Response ambulance and city of San Buenaventura paramedics responded. The decedent was placed on a gurney but he was not strapped in across his chest, as required by protocol.

While transporting the decedent from his home to the ambulance, he was dropped from the gurney, smashing his head on the concrete driveway. At the hospital, it was determined that as a result of the fall he had sustained C2 and C4 cervical fractures, as well as a C2-3 epidural hematoma. After five days in the hospital, the decedent passed away.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants were negligent by virtue of their failure to properly strap the decedent into the gurney, resulting in his fall. The decedent died as the result of injuries sustained from the fall, which set in motion a rapid deterioration of his health.

DEFENDANT'S CONTENTIONS:
The defendants contended that the decedent was a very sick man who would have died irrespective of the fall and that a negligent action by the admitting hospital actually precipitated death.

Settlement Discussions

The plaintiff initially demanded $250,000, MICRA limits.

Result

The case settled for $100,000.

Other Information

FILING DATE: July 20, 2007.