Ollie Deckard v. Araville Residential Care Home, Lamberto Panzia, Dorie Panzia and Does 1-100
Published: Jan. 19, 2013 | Result Date: Nov. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIV512435 Verdict – $238,341
Court
San Mateo Superior
Attorneys
Plaintiff
Kathryn A. Stebner
(Stebner, Gertler, Guadagni & Kawamoto)
Defendant
William C. Wilson
(Wilson Getty LLP)
Paul A. Buckley
(Taylor Anderson LLP)
Experts
Plaintiff
Bill Bryson
(medical)
Pamela Sharkey
(medical)
Defendant
Roxanne Gooding
(medical)
David M. Young
(medical)
Facts
On February 27, 2009, Ollie Deckard, 89, was admitted to Araville Residential Care Home, a licensed residential care facility for the elderly, in South San Francisco. She was incontinent of bladder, was non-ambulatory and required assistance with all of her activities of daily living (i.e. feeding, toileting, dressing, etc.). Ms. Deckard was admitted with a physician's order to turn and reposition her every two hours to prevent pressure ulcers (bedsores). On May 11, 2011, Deckard was admitted to a skilled nursing facility with a stage IV pressure ulcer on her tailbone, which was open to the bone. She sued Araville Residential Care Home and its owners.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged violations of regulations governing residential care facilities for the elderly, and alleged that Defendants improperly retained Plaintiff, did not follow physicians' orders regarding turning, and did not timely report changes in her condition to her physician, which amounted to negligence. In addition, Plaintiff argued the staff at Araville was insufficiently trained, and inadequate in amount. Lastly, Plaintiff claimed Araville did not properly meet her needs for hygiene, nutrition, hydration, and evaluations.
DEFENDANT'S CONTENTIONS:
Defendants argued that the skin problem was not preventable and that the proper standard of care was followed. Further, Defendant argued that it met Plaintiff's needs during her stay.
Settlement Discussions
Plaintiff demanded $300,000, and the defense offered $75,000.
Injuries
Deckard developed a stage IV pressure ulcer, which remains open to date. She also suffered emotional distress.
Result
The jury's award granted Deckard $238,341.
Deliberation
2.5 days
Poll
12-0 (liability), 12-0 (causation), 10-2 (damages)
Length
13 days
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