Facts

Plaintiff Evelyn Taibi filed suit against defendants Camelot at Affinity Treatment Centers Inc. and psychologist Sharon K. Thompson, in relation to the death of her son. Plaintiff's son committed suicide while living at the defendant adult residential facility.

PLAINTIFF'S CONTENTIONS: At the time of the patient's admission, the facility was fully informed and aware of the patient's history, including his depression and recent history of two suicide attempts. However, the facility ignored this as well as other warning signs, and 15 days after his admission, the patient committed suicide.
Plaintiff contended that Camelot at Affinity Treatment Centers improperly admitted the adult man in light of his recent history of two suicide attempts and failed to have him evaluated when the facility was notified shortly afterward that he reported to his mother that he wanted to leave the facility and was "hanging on by a thread." The man committed suicide within 24 hours of the notification to the facility of the report to the mother.

Plaintiff asserted claims for dependent adult abuse and wrongful death.

DEFENDANTS' CONTENTIONS: Defendant contended that the decedent’s suicide was a spontaneous, unpredictable act based on misdiagnosis and incorrectly prescribed medication. The medication exacerbated the decedent’s underlying bi-polar disorder, which resulted in the decedent leaping headfirst from a freeway overpass with a euphoric look on his face.

The prior two suicide attempts were equally unpredictable and occurred immediately after similar changes to the decedent’s medication. These prior attempts, including cutting his neck and wrists with a box cutter, and stabbing himself in the eyes with a steak knife, were never acknowledged by the decedent as suicide attempts, who stated he had no idea why he acted out in such bizarre ways.

Settlement Discussions

The parties attempted private mediation without success. Defendants did not offer more than $150,000 at mediation. In subsequent discussion, defendants wanted to discuss settlement in the $250,000 range. According to defense, plaintiffs demand was never less than $1 million, until two days into the arbitration, when the demand was reduced to $950,000.

Injuries

Plaintiff is a mother who lost the comfort and society of her 55-year-old son.

Result

The arbitrator awarded Taibi $1 million, placing 60 percent of the fault on the residential facility and 25 percent on the admitting psychiatrist and psychologist.

Other Information

Parties submitted to binding arbitration on the eve of trial. Defendants sought to vacate the award on the basis that the arbitrator should have recused himself, based on a previously undisclosed adverse relationship with a key witness. The arbitrator denied the motion, which was not appealed to the trial court.