Facts

On Aug. 11, 2005, plaintiff Angela Blas, a 61-year-old retired, was recovering from a three-level spine fusion surgery at UC Medical Center, Davis. The attending physical therapist evaluated Blas and indicated her performance was above average.

Blas indicated she needed to use the restroom, so the physical therapist led Blas there and placed her on the toilet. Blas requested some privacy so the therapist left Blas on the toilet, with a walker in front of her and the IV pole to her right. The physical therapist went to the nurse's station and asked the nurse to respond to Blas and her call light. The nurse responded but could not remember how long it was before she responded.

When the nurse opened the door, she found Blas screaming, "help me" and stating she needed to go back to bed. Blas got up from the toilet, took two steps forward past the nurse, her eyes rolled back in her head and she fell face first over the walker, on the floor between the bathroom and the hallway.

Blas brought suit against Regents of the University of California, Davis Medical Center and the University of California, claiming the hospital's staff's negligence caused her dental injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiff's counsel contended Blas should have been labeled a fall risk when admitted. A nursing expert opined that Blas' anemia, low hematocrit, blood loss from surgery and morphine drip mixed with Phenergan made her an obvious fall risk. Counsel contended defendants were negligent in failing to list her as a fall risk.
The plaintiff further contended that the nurse failed to tell plaintiff she was to remain on the toilet and encouraged Blas to get up slowly, which then prompted her to get up without any help.

DEFENDANTS' CONTENTIONS:
Defendants' contended the staff met the standard of care. A nursing expert opined that Blas was at no larger fall risk than any other hospital patient. The defense contended the nurse properly reached for plaintiff's walker and that the accident was no one's fault.

Specials in Evidence

$10,000 for the braces and tooth implant. Defense counsel noted that this amount would be reduced significantly after insurance coverage was incorporated into the damages.

Damages

Plaintiff's counsel sought $200,000 for past and future pain and suffering damages. Defense counsel argued that $25,000 would be a more appropriate amount for pain and suffering.

Injuries

Blas fractured her upper right jaw and lost a tooth. She had braces on her teeth for 2.5 years to correct their alignment and had her jaw wired shut for a month.

Result

Defense verdict.

Other Information

Plaintiff's counsel to file a motion for a new trial and JNOV.

Deliberation

30 minutes

Poll

12-0

Length

six days