Kathleen Reed, Alexander Arcady v. Genesis Developmental Services
Published: May 4, 2013 | Result Date: Apr. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: CV110175 Verdict – $7,700,000
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Thomas E. Beach
(Beach Law Group LLP)
Sean D. Cowdrey
(Cowdrey Jenkins LLP)
Facts
Lauren Arcady suffered from schizophrenia since she was 14. At 31, she moved into her own house after five years of living in a state-run facility for people with developmental disabilities. Two caregivers were hired to stay with her during the day.
One day, Arcady became angry when one of the caretakers took a picture of her. Arcady marched into her room; her caregivers followed. Arcady had a history of acting out and engaged in a routine "behavior". The caregivers restrained Arcady, causing her to suffocate. The caregivers did not try to resuscitate her.
Arcady's parents sued Genesis Corporation, dba Genesis Developmental Services, now known as Novelles Developmental Services, for wrongful death. They also alleged negligence and abuse of a dependent adult.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended the caregivers placed the decedent in a dangerous prone position, causing her to suffocate. Moreover, the caregivers, who were required to be trained for CPR, did not attempt to resuscitate the decedent.
DEFENDANT'S CONTENTIONS:
Defendants contended Lauren died from a cardiac arrhythmia caused by large doses of prescription drugs combined with an adrenaline rush.
Settlement Discussions
Plaintiffs served CCP 998 Offers totaling $3,999,999.98 in September, 2011.
Result
A jury awarded $7.7 million to Arcady's parents in their wrongful death lawsuit against the caregivers' employers. No charges were ever filed against the caregivers.
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