Defendat Edgemoor Geriatric Hospital overdosed plaintiff Ruth Lomeo on the drug Fentanyl resulting in respiratory arrest and cardiac arrest.
Stinson vs. Leisure Palms
Nursing home abuse and neglect
Jun 19, 2009
Jury Verdict for Plaintiff for $1.34 Million
Facts & Allegations:
On Dec. 31, 2006, plaintiff Elaine Stinson, 82, fell at Leisure Palms, a residential care facility for the elderly in Fallbrook.
Stinson's husband placed her in Leisure Palms because he could no longer care for her while she was recovering from a fractured hip. Stinson's doctor informed the facility that Stinson -- who had Alzheimer's Disease and dementia -- was a fall risk. Despite her classification as a fall risk, she fell three times while at Leisure Palms.
The last fall occurred when Stinson got up unattended at dinner. After her fall, the defendants placed her in bed without calling her doctor or a family member, as required by law; she did not receive treatment until the next morning, when her husband discovered her injuries and called 911.
Stinson sued Leisure Palms and facility owner Phyllis Kittinger, alleging negligence and statutory elder abuse pursuant to Welfare & Institutions Code.
The defendants denied the allegations and argued that Stinson's husband had dropped her.
Stinson sustained a head contusion, three fractured ribs and a punctured lung. She was taken to the hospital for treatment, and subsequently underwent 10 months of recovery in a skilled nursing facility. Her injuries fully resolved.
Stinson sought $88,000 for medical expenses, statutory elder-abuse damages and damages for pain and suffering.
The jury awarded Stinson $1,338,000, finding for her on all claims.
$88,000 past medical cost
$500,000 past pain and suffering
$750,000 punitive damages
$1,338,000 plaintiff's total award
Demand $299,999 (CCP 998)
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Jul 01, 2010
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