Frederick "Jerry" Moran v. Sutter Health Central dba Sutter Roseville Medical Center Cardiac Rehabilitation
Published: Nov. 18, 2003 | Result Date: Jul. 10, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCV13064 Verdict – $0
Judge
Court
Placer Superior
Attorneys
Plaintiff
Ellen C. Arabian-Lee
(Arabian-Lee Law Corporation)
Defendant
Experts
Plaintiff
Kevin Luong
(medical)
Defendant
Andy Olmstead
(technical)
Daniel Ebenezer
(medical)
Robin Mallery
(medical)
Jerry Hodges
(medical)
C. Jessie Jones
(technical)
Facts
Plaintiff Jerry Moran was an 85-year-old man who entered a cardiac rehabilitation program at defendant Sutter Roseville Medical Center. The plaintiff had just received a pacemaker. The defendant gave the plaintiff 36 rehabilitation sessions, which included the use of a stationary bicycle. After the sessions were completed, the plaintiff was permitted to use the equipment without monitoring or supervision. After approximately 20 unmonitored session, The plaintiff fell off a stationary bike as he was attempting to dismount it.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $200,000. The defendant made a C.C.P. Section 998 offer to waive costs in exchange for a dismissal.
Injuries
Triple fracture of left hip.
Deliberation
one hour
Poll
10-2 (in favor of defendant on malpractice claim), 11-1 (in favor of defendant on premises liability)
Length
six days
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