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CONFIDENTIAL

Feb. 20, 1999

Personal Injury
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $275,000

Court

San Mateo Superior


Attorneys

Plaintiff

Sanford I. Horowitz


Defendant

Andrew P. Sclar


Experts

Plaintiff

Kathryn Locatell M.D.
(medical)

Joe Gately
(technical)

Facts

On Jan. 28, 1998, the defendant home care facility admitted the patient, a 92-year-old retiree, without a lawfully required doctor's report and then recklessly neglected him leaving him sitting in his waste, unwashed and without adequate food, water and exercise. The patient died due to sepsis from multiple bedsores and malnourishment. The plaintiff brought this action against the defendant based on negligence, fraud and willfull misconduct theories of recovery.

Settlement Discussions

The defendant served a C.C.P. º998 for $225,000 which was rejected. The defendant tried to buy confidentiality for $10,000 and the plaintiff rejected. The case ultimately settled at $275,000 due to defendant having no assets to cover punitive damages.

Injuries

Death due to sepsis from multiple bedsores and malnourishment.

Result

PLEASE PROVIDE THE CITY OF LOCALE ____________ AND EXPERTISE ________ OF JOHN KOO

Other Information

The verdict was reached approximately one year and three months after the case filed.


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