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Personal Injury
Wrongful Death
Elder Abuse/Dependent Adult Civil Protection Act

Rose Kelly, et al. v. Kindred Hospital

Published: Jun. 21, 2019 | Result Date: May 7, 2019 | Filing Date: Oct. 4, 2018 |

Case number: BC724403 Settlement –  $75,000

Judge

Lori Ann Fournier

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Peter J. McNulty
(McNulty Law Firm)


Defendant

D. Scott Barber
(Wilson Getty LLP)

Alexander F. Giovanniello
(Giovanniello Law Group)


Facts

Plaintiffs Rose Kelly, Carrie Jones, and Jermaine Moore, filed suit against defendant KND Development 53 LLC dba Kindred Hospital South Bay in relation to the treatment and care of Zula Seaborn. Seaborn died while in the care of the defendant.

Contentions

PLAINTIFFS' CONTENTIONS: On Oct. 20, 2017, decedent was admitted to Kindred Hospital. Plaintiffs claimed that upon admission decedent aspirated, resulting
in aspiration pneumonia. Plaintiffs contended that defendant failed to provide decedent with the appropriate treatment and claimed causes of action for wrongful death, and elder abuse.

DEFENDANT'S CONTENTIONS: Defendant argued that there was no evidence of the alleged unreported aspiration event and that the treatment decedent received at the hospital did not contribute to or cause her death.

Result

The parties agreed to settle for $75,000.


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