Confidential
Settlement – $225,000Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Bryan R. Reid
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Jeffrey Marmelzat
(medical)
Lawrence Miller M.D.
(medical)
Mary Webster
(technical)
Defendant
Howard Lester Worcester M.D.
(medical)
Barbara Facila
(technical)
Robert De Monte
(medical)
Facts
On Dec. 12, 1996, the plaintiff's husband, a 78-year-old man, suffering from dementia and poor mobility due to leg pain, was admitted to a residential care facility for the elderly owned and operated by the defendants. The plaintiff, also 78-years-old, placed her husband at the defendant facility because she could no longer care for her husband who had become increasingly demented, and on at least two occassions had wandered out alone in the middle of the night. The plaintiff's husband did not adjust well and over the next three weeks became increasingly withdrawn, and refused to eat, walk or even get out of bed. On Jan. 2, 1997, two friends visiting him became alarmed when they discovered he was suffering from a bedsore, and sought to have him transferred to an accute hospital for treatment. After initially refusing to allow him to be transferred, the defendants permitted his transfer to the hospital with the plaintiff's authorization. The plaintiff's husband was admitted to the acute hospital suffering from dehydration, malnutrition and a stage IV decubitus ulcer on his hip. The plaintiff's husband underwent surgery to debride the ulcer, and required removal of a portion of his trochanter. Over the next six months, the plaintiff's husband suffered a number of medical complications, including osteomyelitis, and ultimately passed away on July 4, 1997. The plaintiff brought this action against the defendants based on willful misconduct, Penal Code º368, fraud, intentional infliction of emotional distress and elder abuse theories of recovery.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $500,000. The defendants made a pre-trial offer of compromise for $80,000.
Damages
The plaintiff claimed approximately $100,000 in special damages.
Other Information
The settlement was reached approximately 10 months after the case was filed. A mediation was held in January 1998 before Thomas Sharkey of JAMS.
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