Maria Tirado, et al vs. DOE Nursing Home, et al.

William Michael Berman

Case Conclusion Date:January 7, 2009

Practice Area:Nursing Home Abuse - Neglect

Outcome:$1,500,000.00+ Total Settlement

Description:Elder Neglect/Wrongful Death – An 88-year-old long term custodial resident of a San Diego based Skilled Nursing Facility (“SNF”) suffered serious internal bleeding over a period of 26 days when nursing staff failed to monitor her medication levels as had been specifically ordered by her physician. Despite the fact that the patient showed obvious signs of decline over the entire 26 day period, the facility failed to contact her physician and report her change in condition. The patient continued to decline, and, eventually, the patient suffered a massive brain hemorrhage and died. The facility received a Class “A” Citation. After well over a year of extensive litigation against the Skilled Nursing Facility and its Management Company, Berman & Riedel, LLP, was able to settle the case at mediation for $1,5000,000.00. The attending physician involved paid additional monies in confidential settlement for her direct failure to recognize that the medication orders were improperly noted and that SNF nursing staff were not monitoring the patient’s medication levels. Settlement of the claim was enhanced due to the serious potential for award of punitive damages.