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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Karen Reiman, Sharon Tremoulis v. Life Care Centers of America, Inc.

Published: Jul. 12, 2001 | Result Date: Feb. 27, 2001 | Filing Date: Jan. 1, 1900 |

Case number: CV9815981 –  $0

Judge

Michael J. O'Melia

Court

Maricopa Superior


Attorneys

Plaintiff

Craig A. Knapp

Linda A. Finnegan

John C. Breslo


Defendant

James Broening

Douglas G. Shook

Jay Fradkin

Andrew B. Turk


Experts

Plaintiff

Kathryn Locatell M.D.
(medical)

Defendant

Irving Rollingher
(medical)

Facts

The plaintiffs' father, the decedent, Donald Rauch, 76, was admitted to the Payson Care Center in January 1996 after suffering from dementia, chronic pulmonary disease, malnutrition and other ailments. His health declined even more after falling and breaking his hip on May 26 while visiting his home. Despite the severity of worsening of the patient's pressure ulcers, some of which deteriorated to a Stage IV and were foul-smelling and necrotic, Dr. Hatch only saw the patient on one occassion in June 1996. He did not see the patient prior to the patient's transfer to Mesa Family Hospice on Aug. 10, 1996. Dr. Hatch's physician assistant did not examine the patient's pressure ulcers and allowed him to be transferred to the Hospice in Mesa. Soon after, the patient and his wife advised doctors not to perform any more survival methods. The patient died on Sept. 3, 1996. His Death Certificate states that the decedent died as a result of the infected pressure ulcers. The plaintiffs produced evidence of on the job drug usage and false charting at Payson Care Center. The plaintiffs contended that their father died as a result of pressure ulcers that were not treated by Dr. Hatch.

Settlement Discussions

The plaintiffs collectively demanded $14.5 million. Dr. Hatch made no offers.

Injuries

The plaintiffs' father died.

Result

Defendants Payson and Life Care settled during the third day of trial subject to a confidentiality agreement.

Other Information

On the third day of trial, the defendants Payson and Life Care settled. The terms were confidential. Cherokee Rauch was not involved in this case, although she testified at trial that she did not think that Dr. Hatch or the nursing home committed malpractice. She also stated that she was aware of only one of the five pressure ulcers which her husband had developed during his residency at Payson Care Center.

Deliberation

one hour

Length

10 days


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