Plaintiff falls and breaks her leg while showering her mother in nursing home. $1.3M. Monterey County.
Summary
Staff won't shower patient after she soils herself, so her daughter tries to do it.
The Case
- Case Name: Gheen v. Salinasidence Opco, LLC dba Pacific Coast Post Acute
- Court and Case Number: Monterey County / 20CV000195
- Date of Verdict or Judgment: Thursday, July 15, 2021
- Date Action was Filed: Tuesday, January 14, 2020
- Type of Case: Negligence
- Judge or Arbitrator(s): Hon. Thomas W. Wills
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Plaintiffs: Catherine Gheen, 60
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Defendants: Salinasidence Opco, LLC dba Pacific Coast Post Acute
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,313,140.65
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Award as to each Defendant:
Plaintiff beat CCP 998 demand after low offer from defendant nursing home.
- Contributory/Comparative Negligence: 100% on defendant
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Economic Damages:
$938,140.65
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Non-Economic Damages:
$375,000
- Trial or Arbitration Time: 3 days
- Jury Deliberation Time: 1 day
The Attorneys
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Attorney for the Plaintiff:
Lanzone Morgan LLP by Reza Sobati and Ayman Mourad, Long Beach.
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Attorney for the Defendant: Wilson Getty LLP
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Attorney for the Defendant:
Wilson Getty LLP by Scott Barber, San Diego.
The Experts
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Plaintiff’s Medical Expert(s):
None.
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Defendant's Medical Expert(s):
None.
Facts and Background
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Facts and Background:
On February 2, 2019 plaintiff was visiting her mother at a nursing home in Monterey, where she found her mother soiled in bed. Plaintiff asked the facility staff to clean her mother. Staff proceeded to wipe plaintiff's mother down with baby wipes. When it became apparent that plaintiff's mother still had feces on her, plaintiff asked the facility staff to shower her mother. The charge nurse refused and said that plaintiff's mother had a fixed shower schedule and would have to wait for her scheduled shower day. Plaintiff didn't want to leave her mother soiled, so she asked the facility if she could provide the shower for her mother. The facility staff told her she could and left plaintiff and her mother alone during the shower. During the course of the shower, plaintiff lost her footing and fell.
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Plaintiff's Contentions:
That defendant's refusal to shower one of its residents set into motion the chain of events that led to plaintiff's injuries.
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Defendant's Contentions:
That plaintiff did not actually ask staff to shower her mother and was told on prior occasions not to shower her mother.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff suffered a tibial plateau fracture that necessitated two surgeries and a 10+ month-long rehabilitation. Plaintiff had a metal plate installed in her knee and suffers from chronic pain.
Demands and Offers
- Plaintiff §998 Demand: $400,000
- Defendant §998 Offer: $150,000