Facts

Stephen Kahan, 79 years old, was admitted into Defendant's assisted living facility, on June 3, 2019. Kahan died on August 4, 2019.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendants accepted Kahan knowing he was at high risk for falls. Defendants charged him extra for assistance with toileting and dressing. During his admission, Kahan fell 7 times on June 19, 2019, June 26, 2019, July 9, 2019, July 10, 2019, July 14, 2019, July 31, 2019, and August 1, 2019. After each fall, Defendants did not notify his family, his physician, or follow their policies and procedure and call 911. On July 19, 2019, Kahan suffered a subdural hematoma from the fall, that was not treated because he was not transported to the hospital. On August 1, 2019, Defendants delayed 3 hours in calling 911, which made him no longer a candidate for brain surgery. Kahan died on August 4, 2019 from respiratory failure, a complication of the massive brain bleed.

Plaintiff contended that Defendants failed to protect Kahan from health and safety hazards by improperly admitting and retaining him at their facility, by failing to provide fall interventions, and by failing to update his service plan. Further, plaintiff contended that the assisted living Defendants failed to provide medical care by failing to have a physician for Kahan, by failing to notify family members of Kahan's deteriorating medical
condition, and by failing to involve medical professionals in Kahan's physical condition and service plan.

Plaintiff contended Defendants improperly retained Kahan despite reason to believe it could not keep him safe. Further plaintiff contended Defendants showed recklessness by its failure to follow its own policies, and in violations of Title 22.

Plaintiff contended that Defendants ratified the conduct of its employees by Matan Burstyn's failure to reassess Kahan's suitability for continued residence at their facility, by Cassandra Arnold's failure to include in the service plan that Kahan required assistance while dressing and toileting, and by failing to retain incident reports of July 14, July 31 and August 1, 2019.

DEFENDANT'S CONTENTIONS: Defendants contended that Kahan was merely the victim of his disease process. Defendants further contended that plaintiff failed to prove negligence, let alone Elder Abuse. Defendants further contended that it did all it could to prevent falls, including physical therapy, a call light, a pendent light, a walker, a clutter free environment, a urinal and carpeting. Further, Defendants contended that it failed to seek medical intervention for some of Kahan's falls due to his wishes to refuse medical care and services. Lastly, Defendants contended that Kahan died from a spontaneous subdural hematoma, and not from any traumatic event.

Insurer

Church Mutual insured defendants

Settlement Discussions

Plaintiff's last demand was $2.1 million. Defendant made a CCP 998 offer of $650,000. Defendants offered $800,000 after the 998 offer.

Specials in Evidence

Meds: $19,301.

Damages

Plaintiffs sought $3,270,425 in compensatory damages.

Result

The court awarded plaintiff $419,301 plus $465,000 (attorney's fees) and $35,279 (costs not disputed). The award consisted of $200,000 for Stephen Kahan's non-economic damages and $19,301.32 for his economic damages. Judith Whitesman's non-economic damages were $200,000.

Other Information

MEDIATOR: Robert Dobbins, Esq.