Randolph Bennett v. Gilmar Manor, Hollywood Community Hospital of Van Nuys, Fawzy Basta, M.D., Donald W. Plance, D.O.
Published: May 29, 1999 | Result Date: Apr. 5, 1999 | Filing Date: Jan. 1, 1900 |Case number: LC043085 Verdict – $600,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Steven E. Kushner
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Rosanna Jovellanos
(medical)
Marvin Pietruzka
(medical)
Robert Linden
(medical)
Gary Gitnik
(medical)
Defendant
David J. Paster
(medical)
Robert R. Johnson
(medical)
Galen Cortina
(medical)
Richard F. Corlin
(medical)
Facts
The decedent, Steven Bennett, was a 40-year-old, mildly retarded, mental patient who suffered from Schizo-affective disorder. He was hospitalized a number of times in 1996 with suicidal ideations at defendant Hollywood Community Hospital of Van Nuys, a mental hospital. On Nov. 28, 1996, he was re-admitted under the care of defendant, Dr. Fawzy Basta, a pyschiatrist. He was physically examined on admission by a Dr. Schumert, who was covering for defendant, Donald Plance, D.O. The decedent remained hospitalized until Dec. 23, 1996, when he was released for the Christmas holiday to the home of his 80-year-old father. He died on Christmas day from peritonitis secondary to a perforated bowel caused by massive fecal impaction. During the hospitalization, the decedent was followed physically by defendant Dr. Plance, who saw him regularly and examined him on the least four occasions, the last being on Dec. 20, 1996. He was followed for his emotional illness by defendant Dr. Basta, who had decedent on a number of neuroleptic medications with a side effect of constipation and who saw him at the time he was discharged. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º 998 settlement demand for $75,000 of each defendant, which was reduced to $60,000 for each defendants.
Damages
Per the defendant, $256,730.10 for plaintiff ($250,000 general and $6,730.10 special). Per the plaintiff, $606,230 for pain and suffering and burial.
Injuries
The plaintiff's decedent died of peritonitis secondary to a perforated bowel
Other Information
The verdict was reached approximately one year and one month after the case was filed. The defendant, Gilmar manor, decedent's board and care facility settled prior to trial.
Deliberation
2½ days
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390