Facts

Dona Higgins, in and through her Successor-In-Interest, Gary Higgins, and Gary Higgins, an individual, sued Providence Health System – Southern California dba Providence Little Company of Mary Medical Center San Pedro.

PLAINTIFF'S CONTENTIONS: Dona Higgins was an elderly patient who was admitted to the hospital on Dec. 30, 2013, following a neck surgery. Plaintiff was reported to be at risk for aspiration and needed assistance and supervision during meals. However, defendant repeatedly ignored their care plan to supervise plaintiff during meals and giving her the correct diet. On Jan. 4, 2016, the physician changed plaintiff's diet from regular to dysphasia finely chopped and on Jan. 5, 2014 changed her diet from finely chopped to pureed because of her swallowing difficulties. Defendant continued to give her a regular diet despite both physician's orders. On Jan. 6, 2014, the plaintiff aspirated on her breakfast and went into pulmonary arrest requiring intubation. Plaintiff remained on a ventilator since then until her death on April 4 due to sepsis. Defendant allegedly breached the standard of care in failing to properly care for plaintiff.
Plaintiffs asserted claims of elder abuse, professional negligence, and wrongful death.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff died from aspiration, but contended she died from sepsis due to a high white blood cell count, which was noted, but not acted upon, by the physician.

Settlement Discussions

Providence made a CCP 998 offer of settlement for $125,000.

Damages

Higgins sought $239,006 in special damages, the amount of the Medicare claim for reimbursement

Result

The jury found Providence liable elder abuse neglect, professional negligence, and wrongful death on both theories of elder abuse neglect and negligence. The jury found another physician comparative liability of 30 percent. It determined the damages totaled $1.7 million, including $239,006 in medical expenses and nearly $5,000 in funeral expenses as well as $1.5 million in noneconomic damages for Gary Higgins wrongful death.

Other Information

Post-trial, defendants filed a motion to reduce the non-economic damages to $250,000 pursuant to Civil Code section 3333.2. The court overruled defendant's objection ruling the jury found death was caused by elder neglect, which takes it out of Civil Code section 3333.2.