James Hamilton v. Community Psychiatric Centers
Published: May 17, 1997 | Result Date: Jan. 27, 1997 | Filing Date: Jan. 1, 1900 |Case number: C9200236 – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
John M. Kelson
(Kelson Law Group)
Defendant
Michael A. King
(Office of the Sonoma County Counsel)
Denise E. Billups-Slone
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)
Experts
Plaintiff
Kevin W. Olden
(medical)
Peter Beoris
(medical)
Bernard S. Rappaport
(medical)
Defendant
Howard G. Blackstone
(medical)
Jerome Motto
(medical)
Paul R. Perchonock
(medical)
Michael J. Bresler
(medical)
Stuart Eisendrath
(medical)
Renee Leslie Binder
(medical)
Facts
On Nov. 7, 1990, decedent James Hamilton, a 49-year-old glazier, presented to the emergency room at defendant John Muir Medical Center with suicidal ideations. He was examined by an emergency room physician and was escorted by Dr. Bruce Baldwin to defendant Walnut Creek Hospital, a psychiatric hospital within walking distance of John Muir Medical Center. The decedent was admitted to Walnut Creek Hospital by defendant James Gracer, M.D. Defendant Gracer followed the decedent's case during his hospitalization. The decedent was discharged on Dec. 21, 1990 at the insistence of the decedent and his wife. The decedent continued to follow with Dr. Gracer on an out-patient basis until Jan. 20, 1991, when the decedent shot himself in the family home with a rifle. The plaintiffs, the decedent's wife and children, brought this action against the defendants based on psychiatric negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand in excess of $1 million from then psychiatric hospital and $900,000 from Dr. Gracer. Defendant John Muir Medical Center made a C.C.P. º998 offer of compromise for $1,000. Defendants CPC Walnut Creek and Dr. Gracer made no settlement offers.
Injuries
Death of a 49-year-old husband/father.
Other Information
The verdict was reached approximately five years after the case was filed. Several settlement conferences were held before various neutrals, including a court-appointed mediator, but did not resolve the matter.
Deliberation
4 hours
Poll
12-0
Length
3 months
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