Case details

Facility had insufficient staff to safely transfer patients: suit

SUMMARY

$1500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, fracture, head, hip, hip leg, left hip, right leg
FACTS
On April 15, 2012, plaintiff Peter Piel, 62, was a resident at Mirajoy Home, a residential care facility for the elderly. Piel had a number of health conditions and is wheelchair bound. While in the process of being transferred from his bed to a shower chair, he fell. Piel claimed to his head, left hip and right leg. Piel sued Mirajoy Home and its administrator, Juliana Concepcion. Plaintiff’s counsel contended that the defendants failed to provide proper staffing to safely transfer Piel and perform other custodial care duties. Counsel further contended that the defendants attempted to cover-up the incident after the injury occurred. Defense counsel contended that Piel did not fall during the transfer and that there were no indications Piel had sustained any injury until the following day, when he complained of pain while attending a day program outside the facility. Counsel also contended that staffing levels met all regulatory requirements and that all care and treatment provided to Piel complied, at all times, with the applicable standard of care. Defense counsel further contended that no departure from any applicable standard of care caused or contributed to any of Piel’s alleged or damages., Piel claimed he sustained both orthopedic and neurological , including a fractured left hip and brain damage. He alleged he continued to have chronic pain on the left side of his body and has lost function in his right leg as a result of the subject incident. He further claimed that his hip fracture was complicated by skin breakdown and required multiple surgeries. In addition, he claimed his brain injury caused a decline of the motor skills in his right arm and trunk stability. Thus, Piel claimed $439,000 in billed medical costs and $78,353.64 in paid medical costs. Defense counsel contended that the actual cause of Piel’s hip fracture was unknown and could have occurred at any time as a result of his pre-existing osteoporosis. Counsel disputed that Piel sustained any brain injury as a result of the alleged incident and disputed the alleged extent of Piel’s decline in motor skills. Counsel also contended that the cause of any decline in motor skills was a continuation of a decrease in function that began before the incident and was associated with Piel’s pre-existing neurological problems. Thus, defense counsel contended that Mirajoy Home’s care and treatment of Piel did not cause or contribute to any of the alleged or damages.
COURT
Superior Court of Orange County, Orange, CA

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