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Personal Injury
Elder Abuse
Patient's Bill of Rights

Alfred Coutts by and through his Guardian ad Litem, Laurel Dunbar Coutts v. City and County of San Francisco, Laguna Honda Hospital and Rehabilitation Center, and Does 1-100, inclusive

Published: Feb. 9, 2024 | Result Date: Nov. 28, 2023 | Filing Date: May 14, 2020 |

Case number: CGC-20-584459 Settlement –  $190,000

Judge

Anne-Christine T. Massullo

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Kathryn A. Stebner
(Stebner, Gertler, Guadagni & Kawamoto)

Karman M. Guadagni
(Stebner, Gertler, Guadagni & Kawamoto)

Deena Kay Zacharin
(Stebner, Gertler, Guadagni & Kawamoto)

Kelsey S. Craven
(Stebner, Gertler, Guadagni & Kawamoto)

Kirsten M. Fish
(Needham, Kepner & Fish LLP)


Defendant

Mark D. Lipton
(Office of the San Francisco City Attorney)


Facts

On August 14, 2018, Alfred Coutts, who has cognitive and psychiatric disorders due to Huntington's Disease, was admitted to Laguna Honda Hospital and Rehabilitation Center. Due to his condition, he uses a walker and wheelchair, requiring assistance for daily living activities. After Alfred sustained injuries, his mother, Laurel Coutts, who served as his guardian, filed suit on May 14, 2020, against Laguna Honda, its owner and operator, the City and County of San Francisco and others, alleging, among others, statutory violations of the Welfare and Institutions Code sections pertaining to dependent adult abuse or neglect.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that one evening, sometime in November 2019, while seeking snacks, he approached a certified nursing assistant (CNA) for assistance. According to plaintiff, the CNA got upset, and assaulted him, causing bruises on his body. He also suffered physical pain in his neck, back, feet, hands, and wrist along with emotional trauma thereafter. Plaintiff further alleged general, longstanding neglect in care while at defendants' facility.

DEFENDANTS' CONTENTIONS: Defendants denied all material contentions.

Result

After several complications, including the death of plaintiff's mother and inability to depose the CNA due to his being on medical leave, the case settled for $40,000.


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