Ruth Morris v. All Saints Healthcare
Published: Jul. 13, 2002 | Result Date: May 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: MC011614 Verdict – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Scot D. Bernstein
(Law Offices of Scot D. Bernstein APC)
Defendant
Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)
Rodney G. Tomlinson
(Schmid & Voiles)
Experts
Plaintiff
Mildred Simmons
(medical)
Karl Steinberg
(medical)
Defendant
Andrew S. Wachtel M.D.
(medical)
Ralph S. Hansen
(medical)
Thomas L. Hedge Jr., M.D.
(medical)
Facts
On May 6, 1999, Bobby Morris, a 66-year-old male, was in an automobile accident that resulted in him being
ejected from the vehicle. He suffered a C4-C5 complete quadriplegia requiring ventilator support.
He was initially seen at Holy Cross Medical Center where he underwent a C4-C5 subluxation stabilization
procedure.
One week later he was transferred to the Neurosurgical Unit at USC University Hospital as a result of a failed
subluxation procedure. There he underwent an open reduction of the C4-C5 subluxation fracture with
stabilization and fixation. He remained at USC University Hospital until June 9, 1999.
During his stay at the hospital, the decedent developed Stage I and Stage II sacral decubitus ulcers which had
resolved on the day of discharge, when he was sent to defendant All Saints Healthcare for ongoing
rehabilitation.
At the time of admission, it was noted that he was a C4-C5 quadriplegic requiring ventilator support and a G-
tube feeding but had no sensation below the shoulders.
He was assessed as a significant risk for skin impairment and was placed on an egg crate mattress. The patient
remained with the defendant until June 19.
During his stay, pneumonia that the decedent suffered when he was admitted appeared to be resolving. Two
days after admission, it was noted that he began to develop a fever which continued to fluctuate to as high as
104 through June 19. Records indicate that the patient was turned every two hours and bathed on a regular
basis. During his stay, there was no indication of the development of decubitus ulcers in the sacral or coccygeal
area.
On June 19, it was noted that his G-tube began to leak and he was transferred to Valley Presbyterian for an
assessment.
At the time of admission to Valley Presbyterian, it was noted that the decedent had a Stage IV necrotic
decubitus ulcer on his coccyx.
As a result of the transfer sheet not mentioning any coccygeal ulcer, nor one being identified while the decedent
was at All Saints Healthcare, photographs were taken documenting the decedentÆs condition.
The patient remained at Valley Presbyterian where a triple lumen central venous catheter was placed for
nourishment and hydration.
In addition, the sacral decubitus ulcer was debrided and an abdominal abscess was addressed. The patient
remained at Valley Presbyterian until July 9, when he was transferred to Antelope Valley Hospital for
rehabilitation.
He stayed at Antelope Valley Hospital through July 28, 1999. He then asked to be removed from his ventilator.
The doctors followed his instructions.
His wife brought suit against the defendant healthcare company and one of its doctors
for wrongful death, medical malpractice and elder abuse.
Settlement Discussions
The plaintiff demanded $500,000.
Specials in Evidence
$340,000
Injuries
Pneumonia, abdominal abscess, Stage IV necrotic decubitus sacral ulcer and wrongful death.
Other Information
The defendants received a nonsuit on the wrongful death claim at the close of the plaintiffÆs case. Reliance, the insurer for All Saints Healthcare, was in liquidation so no settlement offer was made.
Deliberation
3.5 hours
Poll
11-1 (as to All Saints Healthcare), 12-0 (as to Dr. Goldman)
Length
13 days
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