Facts

Plaintiff, 71 years old, was a resident of defendant, a California residential care facility, as a result of severe dementia. On Feb. 7, 2007, at approximately 11 a.m., the plaintiff's husband visited her at the facility, which he did so on a daily basis. He found her with severe burns to the upper part of her body. The plaintiff's husband was told that plaintiff was found at approximately 6:30 a.m. lying on the floor on top of a heating vent (approximately 6"x12"). The staff put her back in bed as opposed to calling 911 so that she could receive immediate medical care for the second-degree burns to 25-30 percent of her body.

The plaintiff's husband took her immediately to the emergency room at the local hospital where she ultimately came under the care of a plastic surgeon who performed wound care. The plaintiff underwent debridement procedures of the wounds. The left arm required a split thickness skin graft. The plaintiff was left with severe permanent disfiguring scarring. The emergency personnel contacted adult protective services as well as the local police department.

The Department of Social Services filed an accusation against the owner and administrator of the defendant residential care facility to revoke their respective licenses. Before the hearing on said accusation, defendant agreed to close its facility.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the residential care facility violated it statutory duty to properly monitor and supervise plaintiff to safeguard her against injury, as required pursuant to Health & Safety Code section 1569.312(e), and sought enhanced remedies pursuant to said section.

DEFENDANT'S CONTENTIONS:
The defendant argued that its employees had properly supervised plaintiff and when last checked upon at approximately 4 a.m. in the morning, she was safe and sound sleeping in bed. The defendant was unaware that plaintiff had fallen out of bed until she was found at approximately 6:30 that morning.

The defendant further contended that her injuries did not appear that severe; that it was reasonable to place her back in bed and await for her husband to arrive later in the morning.

Damages

Medical specials totaled over $108,000, although actual reimbursement was approximately $25,000.

Result

The case was settled pre-litigation in the amount of $700,000.