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Personal Injury
Elder Abuse - Neglect
Negligent Infliction of Emotional Distress

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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