Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
SETTLEMENT DISCUSSIONS
According to Plaintiff: Plaintiff’s last settlement demand of $650,000 was met with defendants’ final pre-trial offer of $30,000.
EXPERT TESTIMONY
According to Plaintiff: Plaintiff’s experts testified that the defendant skilled nursing facility recklessly delayed obtaining treatment for decedent’s fractured hip for over 8 days and recklessly failed to prevent decedent from developing a severe pressure sore. The testimony was that both the delay and the pressure sore were substantial factors in causing decedent’s death. Defendants’ experts testified that the skilled nursing facility complied with the standard of care and that its conduct did not cause decedent’s death.
COMMENTS
According to Plaintiff: The complaint was filed on October 6, 2006. The jury was individually polled on their finding of liability, with a result of a 12-0 unanimous verdict in favor of liability in the total amount of $1,100,000. The jury was also individually polled on their finding of punitive damages, with a result of a 12-0 unanimous verdict in favor of punitive damages in the total amount of $28,000,000. The Sacramento Bee reported this case to be the largest plaintiff’s injury verdict in Sacramento history.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
SUMMARY:
Verdict/Judgment: Plaintiff
Verdict/Judgment Amount: $29,100,000
$800,000 for decedent’s pain and suffering; $300,000 for decedent’s daughter wrongful death claim; $28,000,000 punitive damages. Statutory attorney fees pursuant to the Elder Abuse Act will be determined by the court.
Trial Type: Jury
Trial Length: 7 weeks.
Deliberations: 1.5 days.
Jury Poll: 12-0.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.