Facts

Christine Swalve filed a wrongful death suit against Victor Valley Global Medical Center and Victor Valley Hospital Acquisition Inc. in relation to the death of her mother, Alice Underwood.

PLAINTIFF'S CONTENTIONS: Swalve contended that her mother went to the defendants' hospital to treat a urinary tract infection and dehydration after hip surgery. While at defendant hospital, decedent's surgical incision became infected and she needed a procedure to remove the infection at a subsequent facility/hospital. Twenty-six days after the procedure, plaintiff's mother died. Swalve claimed defendants were negligent and did not assess decedent's incision and caused the infection and ultimately her wrongful death. Swalve also sued for elder abuse/neglect.

DEFENDANTS' CONTENTIONS: Defendants claimed that they did assess decedent's incision but they were not required to document the assessments under documentation by exception. They further claimed that they did not cause or contribute to decedent's death.

Settlement Discussions

Swalve demanded $249,999 under CCP Section 998. Defendants offered $95,000 under CCP Section 998.

Result

The jury rendered a verdict for Swalve and found the defendants were negligent and committed elder abuse/neglect in causing harm/death to the decedent. The jury found that the damages amounted to $1,399,308.73.

Other Information

Plaintiff will be filing post-trial motions for prejudgment interest (998) and attorney fees and costs pursuant to the jury's finding of elder abuse (enhanced remedies).