Confidential
Settlement – $2,200,000Court
Ventura Superior
Attorneys
Plaintiff
William M. Berman
(Berman & Riedel LLP)
Defendant
Mark Schreiber
(Office of the Attorney General)
Experts
Plaintiff
Tracy Albee PHN, BSN, RN, LNCC, CLCP, FIAL
(medical)
Michael E. Kalafer
(medical)
Facts
On the evening of Nov. 15, 1998, the plaintiffs' decedent, a 74-year-old retired woman, was in bed in the defendant board and care facility. She was unable to summon help, became ill and aspirated her stomach contents. She fell on the floor next to the bed and was found there by arriving morning shift personnel. The cause of the decedent's death was aspiration pneumonia. The decedent's daughter brought this action against the defendant board and care facility based on elder abuse.
Settlement Discussions
The plaintiffs made a settlement demand for $2.5 million (policy limits). The defendant made a settlement offer of $65,000.
Injuries
The plaintiffs claimed the loss of a 74-year-old mother due to aspiration pneumonia.
Other Information
A mediation was held on Sept. 3, 1999 before Craig Higgs of Higgs, Fletcher & Mack LLP, resulting in the reported settlement. The settlement was reached approximately nine months after the case was filed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390