Facts

Ruth and Keith Hansen lived in Eskaton Lodge Brentwood, a senior living community. On July 18, 2010, Ruth ordered a steak that became lodged in her esophagus, causing her to begin spitting up blood. Two staff members came to assist her, but she continued to gag and spit up blood. After approximately 20 minutes, the staff members called paramedics. Ruth was transported to Kaiser Permanente.

She underwent an endoscopy after unsuccessful efforts to stop her nausea and vomiting. The endoscopy pushed the meat from her esophagus into her stomach. However, a rupture in her esophagus occurred during the process. As a result, the physicians decided to withhold Ruth's anticoagulant medication, which the elderly had been chronically taking to prevent a cerebrovascular accident or stroke. The physicians were concerned that taking the medication would exacerbate esophageal bleeding.

On Aug. 2, Ruth suffered from a massive stroke and passed away. Keith and the Hansens' adult daughter, Gaul Mutter, sued Brentwood Assisted Living LLC and Eskaton Properties for negligence, elder abuse, and wrongful death.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Defendants purchased substandard commercial grade meat that was difficult to chew and swallow, and therefore should not have been served to elderly people. Plaintiffs also contended that Defendants had a profit motive for serving such meat. Plaintiffs further contended Defendants failed to adequately train its cooks and failed to ensure that they follow standardized recipes. Moreover, Plaintiffs contended that the emergency care provided to the decedent fell below the standard of care by improperly placing the decedent on her back and the long delay before calling paramedics.

DEFENDANTS' CONTENTIONS:
Defendants contended that it was appropriate to serve the commercial grade flank to senior citizens, and that its chefs were adequately trained and supervised. Defendants also contended that all of its caregivers and employees met the standard of care and that no act or omission by Defendants caused or contributed to the decedent's eventual death.

Damages

Plaintiffs sought $750,000 in general damages.

Result

The jury returned a unanimous defense verdict.

Other Information

INSURER: Optima Health Insurance Co. for Eskaton Properties Inc. and Brentwood Assisted Living LLC dba Eskaton Lodge Brentwood.

Deliberation

1.5 hours

Poll

12-0

Length

15 days