Doe Family v. Roe Hospital
Published: Feb. 2, 2024 | Result Date: Oct. 2, 2023 | Filing Date: Feb. 22, 2019 |Settlement – $30,000,000
Court
Ventura County Superior Court
Attorneys
Plaintiff
Deborah Chang
(Chang Klein LLP)
Candice S. Klein
(Chang Klein LLP)
Sarah S. Kim
(Chang Klein LLP)
J. Patrick K. Gunning
(Chang Klein LLP)
Daniel W. Johnson
(Berglund & Johnson Law Group)
Experts
Plaintiff
Kimberly C. Long DHA, MSN, FNP, RN
(Hospital management and care of patients)
Billie Lynes MSN, RN, NP-C, CNOR
(The training and qualifications of nurses, standard of care for nursing care)
Michael Bain, M.D.
(wound care/plastic surgery)
Laurie Elston B.S.N., J.D.
(nursing service staff requirements in hospitals)
Laurel Dauer R.D.N., C.S.G., F.A.N.D.
(dietician, gerontological nutrition and dietetics for patients)
Facts
In this elder neglect case, the patient was a 79-year-old man admitted to defendant hospital on Feb. 23, 2018 after sustaining a stroke. He received treatment and had an anticipated discharge date of March 10, 2018. Unfortunately, however, because of the hospital-acquired injuries, infections, and complications he sustained while under the care and custody of hospital employees and staff, he died 58 days later. At the time of his death, he was malnourished, septic, and with a Stage 4 pressure injury that extended to the level of the bone.
Doe Patient's hospitalization was closely witnessed by his wife and three daughters. They brought claims for negligent infliction of emotional distress as well as a wrongful death and survival action for elder abuse neglect and punitive damages.
Result
The case settled for approximately $30 million
Other Information
Trial began with opening statements on Aug. 25, 2023 and the jury began deliberating on Sept. 29, 2023. The parties settled on Oct. 2, 2023 before a verdict was reached.
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