Case details

Hospital: Visitor asked for floor to be mopped, knew it was wet

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
left hamstring's conjoint tendon, left hip, wrist
FACTS
On March 31, 2013, plaintiff Alexa Simpson, 69, a yoga instructor, was visiting her mother in a hospital room at Sutter Solano Medical Center, in Vallejo. While there, Simpson asked for the floor to be mopped by staff after her mother urinated on the floor. Shortly thereafter, Simpson slipped and fell. She claimed of her left hip and a wrist. Simpson sued Sutter Solano Medical Center. Simpson claimed the hospital was negligent for not giving her notice that the floor had been cleaned. She alleged that signs, cones, or other warnings should have been placed where the floor was mopped. Defense counsel contended that Simpson knew there was urine on the floor and had asked for it to be mopped and that the staff was still mopping the floor at the time of Simpson’s fall. Thus, counsel argued that Simpson had notice of the floor’s condition. Defense counsel also argued that Simpson slipped because she failed to take due care in the areas where the floor was being mopped or where there was still urine. Defense counsel noted that Simpson testified that her feet went in front of her and that she fell forward onto the hospital bed. However, the defense’s biomechanical injury expert opined that the accident could not have happened the way Simpson described it. Specifically, the expert opined that due to the laws of physics, Simpson’s feet would have had to have slipped backward., Simpson sustained a partial tear of the left hamstring’s conjoint tendon, near the hip, and a strain to a wrist. She was subsequently seen in the Emergency Department after her fall and by her treating sports medicine physician two weeks later. She then presented to her physical medicine experts a year after the accident. Simpson underwent physical therapy and some injections from one of her treating physical medicine experts, Dr. Gary Rinzler. However, she claimed the injections made her worse. As a result, she received additional injections from her other treating physical medicine expert, Dr. Jacqueline Weisbein. It was ultimately recommended that Simpson undergo platelet-rich plasma therapy, which she underwent along with dry needling. Simpson claimed that although her wrist injury resolved, she continued to suffer from pain to her right hip as a result of bursitis that had developed as a result of her hip injury. She alleged that as a result, she could not sit down in a bike or chair without pain. She also alleged that can no longer participate in yoga, ride bicycles or go on hikes, as she did before. Simpson claimed that as a result, she suffers from emotional distress. She also claimed that she will require additional physical therapy, pain injections and pain management to treat her hip condition. Thus, Simpson sought recovery of $1.5 million in total damages, including $126,910 for her future medical costs. Defense counsel disputed Simpson’s bursitis and contended that half of Simpson’s treatment from both of her treaters was not conventional. Counsel also argued that Rinzler’s injections into Simpson’s bursa were unwarranted and unconventional. Defense counsel contended that if Simpson had initially treated her hip injury with the platelet-rich plasma therapy, her injury would have resolved within six months. Counsel also argued that Simpson’s complaints were excessive and that Simpson did improve with dry needling. Defense noted that Simpson refused to take all pain medicine, including nonsteroidal anti-inflammatory drugs, such as Advil. Counsel contended that had Simpson not refused to take Advil, she would have had some relief. Thus, defense counsel argued that instead of taking Advil, Simpson excessively treated her hip injury by undergoing the injections.
COURT
Superior Court of Solano County, Solano, CA

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