Facts

: Plaintiff Manuel Ortega, 79, was a resident at San Marino Manor, a 59 bed locked skilled nursing facility in San Gabriel. Sometime in April 2015, at 4:20 a.m., plaintiff fell while walking without assistance. Ortega had been a patient at San Marino Manor for almost three years before the fall.

PLAINTIFF'S CONTENTIONS:
In July 2015, plaintiff suffered a hip fracture from a fall. Plaintiff alleged causes of action for elder abuse, violation of the patient bill of rights, and professional negligence.

Plaintiff claimed prior undocumented falls, inadequate care plans, under-staffing, inadequate staff training, and failure to properly monitor and assist Ortega, resulting in the fall. Plaintiff also alleged Medicare fraud.

DEFENDANT'S CONTENTIONS:
Defense contended that San Marino Manor prepared proper care plans and supervised plaintiff. Defendant claimed plaintiff was capable of walking despite his end stage dementia. Defendant also contended that San Marino Manor was following the physician orders of Dr. Peter Balacuit, who permitted Ortega to ambulate as needed. Further, no one witnessed the fall even though there was one LVN and four CNAs who were on duty watching 54 patients. Finally, defense contended that dementia patients have a high risk of falls, which cannot be prevented without an aggressive policy of chemical restraints, which San Marino Manor did not endorse.

Settlement Discussions

Plaintiff demanded $1 million policy limits at mediation. Post-mediation CCP 998 offer by plaintiff was $650,000. Post-mediation CCP 998 offer by defendant was $350,000.

Specials in Evidence

$13,790

Injuries

Plaintiff suffered comminuted fracture, right femur, with hip surgery. Plaintiff claimed post-surgical deterioration of vital systems resulting in the insertion of a G-tube in June 2016.

Result

Defense verdict on all causes of action for medical negligence, elder abuse and patient's bill of rights.

Other Information

Plaintiff will be filing a motion for new trial on several grounds, according to plaintiff. MEDIATOR: Harrison Sommer, Judicate West. FILING DATE: Dec. 24, 2015.

Deliberation

two days

Length

15 days