Facts

Aida Younes was admitted into Providence Little Company of Mary Medical Center Torrance ("Providence Torrance") on December 9, 2020 for a hemorrhagic stroke.

On December 9, 2020, she underwent a craniotomy. Following the craniotomy she was on a ventilator and comatose. She was at risk for skin breakdown and the care plan required that she be turned and repositioned every 2 hours. On December 18, 2020, she was noted for the first time with a deep tissue injury (DTI) on her sacrum. After December 18, 2020, knowing Younes had a DTI, there is no documentation showing she was turned and repositioned for 14 hours straight on 12/20/20, 12 hours straight on 12/24/20 and 52 hours straight from 12/25/20-12/27/20. On December 28, 2020, the DTI is noted to have worsened to an unstageable pressure ulcer measuring 7.0x7.0 cm.

Younes was transferred to Providence Little Company of Mary San Pedro Subacute Care Center on 1/12/21. Documentation shows Younes was not turned for the first 24 hours upon admission, and not turned for 27 hours straight from 1/14/21-1/15/21. Younes was readmitted back to Providence Torrance Medical Center from 1/15/21-1/22/21. Defendants continued to not turn and reposition her every 2 hours. Younes now had developed an unstageable pressure ulcer on her left hip.

On January 22, 2021, Younes was discharged back to Providence San Pedro Subacute Care Center for the final time. During her admission from 1/22/21-4/23/21, Defendant continued to not turn her every 2 hours for 12 hours, up to 24 hours at a time. By February 26, 2021, her coccyx pressure ulcer was now infected, which none of the defendants' retained experts disputed.

Given the severity of Younes' sacral and left hip pressure ulcers, she was treated by Dr. Matthew Reiss (wound care physician) at Torrance Memorial Medical Center. Dr. Reiss performed three surgical debridements, and a double flap surgery on her coccyx on 6/8/21. Before the double flap surgery can be done, Ms. Younes had to be placed with a colostomy to keep the incision site on her coccyx clean.

Following the double flap surgery, Ms. Younes was cared for at home with 24-hour caregiving. With proper turning and repositioning every 2 hours at home, Ms. Younes' sacral and left hip pressure ulcers had resolved after 1 1/2 years.

Dr. Reiss testified at trial that the standard of care is to turn and reposition the patient every 2 hours and to document every time the patient is turned so if a pressure ulcer does develop, the medical team can audit the medical chart to see how the pressure ulcer developed.

DEFENDANT'S CONTENTIONS: The Defendants contended that Younes' sacral DTI resulted from her lying on the operating table for 5-6 hours on December 9, 2020, and that her stage 4 sacral and left hip pressure ulcers were unavoidable because she was on a ventilator, and on a G-tube which prevented her from being turned and repositioned. Defendants contended that Younes' admission was during the COVID-19 surge, and they documented only the most critical care. So, although they didn't document turning and repositioning every 2 hours, that doesn't mean it was not done.

Settlement Discussions

Plaintiff made a CCP section 998 demand for $1,484,999 on April 20, 2022. Last offer was $50,000 (before trial). The case settled 4 days into trial.

Specials in Evidence

Meds: $204,694

Injuries

Stage 4 pressure injuries to sacral and left hip

Result

The case settled for $1.5 million.

Length

4 days