Dee O'Gorman, et al. v. Pleasant Valley Hospital Extended Care
Published: Jul. 6, 1996 | Result Date: May 1, 1996 | Filing Date: Jan. 1, 1900 |Case number: 115287 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Kenneth J. Richland
(medical)
Nancy E. Fritch
(medical)
Defendant
Susan Turner
(medical)
Facts
In September of 1986, the decedent, Mildred O'Shea, an 81-year-old woman, was diagnosed with chronic obstructive pulmonary disease, arterial sclerosis, left side hemiplegia and an aneurysm. She was admitted to the defendant facility, Pleasant Valley Extended Care, in Camarillo. In May of 1987, the defendant facility discussed concerns regarding the decedent's safety with the plaintiffs, the decedent's daughter and ______ (who else). The defendant facility proposed use of posie restraints to prevent the decedent's falls. The plaintiffs refused and instead signed an order prohibiting the use of such restraints. The decedent fell additional times and the decedent's family and physician were notified. The plaintiffs remained adamant that restraints not be used. On December 23, 1989, the decedent fell from her wheelchair and struck her head. Emergency room care and treatment were provided and there was no indication of cerebral compromise. The decedent was told to return in 48 hours for a check of her wound. Upon return to the defendant facility, regular charting allegedly did not indicate symptoms consistent with cerebral compromise. On December 25, 1989, at 3:00 p.m., the decedent's daugher took the decedent from the facility to her home in Newbury Park for Christmas dinner. The decedent returned at 6:00 p.m. with no complaints. The decedent remained normal with no symptoms of cerebral compromise until approximately midnight. The physician was notified, orders were received and carried out and the decedent was monitored until 2:35 a.m. when she was found with no vital signs. The plaintiffs brought this action against the defendant facility and ______ (anyone else?) based on negligence, nursing malpractice and wrongful death theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $69,000 per each plaintiff. The defendant made no settlement offers.
Damages
The plaintiffs asked the jury to award $250,000 to each plaintiff for loss of comfort and society.
Injuries
Death of mother and _______ (relationship).
Other Information
The verdict was reached approximately _____ years and _______ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/9__ before _______________ (name) of _______________ (affiliation or court) resulting in ________________.
Deliberation
2 hours
Poll
12-0 (negligence-failing to prevent fall); 11-1 (negligent nursing care after the fall)
Length
6 days
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