Trial Reporter, Winter 2003

Facts: The Plaintiff contended that her elderly husband received substandard care while a resident of Grant Park Care Cen- ter due to chronic and unmitigated staffing shortages. As a result, Plaintiff stated that her husband became, among other things, malnourished and dehy- drated, which in turn caused and exacerbated painful decubitis ulcers. Further, the short staffing led to the in- adequate treatment and prevention of those ulcers and ultimately necessitated surgical debridement of his most severe ulcers.

The defendants, Grant Park Care Cen- ter and its Georgia parent corporation, settled the litigation for a confidential sum.

Expert Witnesses:None identified.

Defense Counsel: Deborah Besche, Es- quire

Plaintiff’s Counsel: Steven M. Pavsner, Esquire, Burt M. Kahn, Esquire, Joseph, Greenwald & Laake, P.A.

* Case settled at mediation following depo- sitions prior to designation of experts. Former Grant Park employees stated that

they were ordered to alter records. ______

Superior Court of the District of Colum- bia.

Outcome: $1.2 Million Dollars Present Cost Settlement.

The Plaintiff contended that the mi- nor victim, who was declared a ward of the District of Columbia for the purpose of ensuring that she receive proper care of her severe disabilities, was neglected, abused and otherwise denied proper care by defendants District of Columbia and a Delaware nursing facility. Plaintiff, the grandmother of the victim, contended that defendants failed to provide adequate evaluations and treatment over a several- year period, which resulted, among other things, in the victim’s scoliosis deteriorat- ing to the point that it fatally crushed her vital organs. The District of Columbia has settled this litigation. This litigation is still pend- ing against the defendant nursing facility located in Delaware.

Expert Witnesses:None identified.

Defense Counsel: Office of Corporation Counsel.

Winter 2003

Plaintiff ’s Counsel: Steven M. Pavsner, Esquire, Andrew E. Greenwald, Esquire, Joseph, Greenwald & Laake, P.A., Michael Wilson, M.D., J.D.

Ed. Case Settled without any discovery. ______

Superior Court of the District of Colum- bia.

Outcome: Confidential Settlement.

Facts: The Plaintiff contended that her elderly brother, a resident of the defen- dants’ nursing home, received substandard care as a result of chronic and unmitigated staffing shortages. Plaintiff contended that the poor care her brother received resulted in malnutrition, dehydration, an impaired immune system rendering him more susceptible to infection, severe contractures and decubitis ulcers, and sep- sis, all of which caused him to be hospitalized nine times in ten months. The care received significantly lowered his quality of life.

The defendants Grant Park Care Cen- ter and its Georgia parent corporation, settled the litigation for a confidential sum.

Expert Witnesses: None identified.

Defense Counsel: Deborah Besche, Es- quire, George Breen, Esquire

Plaintiff ’s Counsel: Steven M. Pavsner, Esquire, Joseph, Greenwald & Laake, P.A.

* Case Settled at mediation following depo- sitions prior to designation of experts. Former Grant Park employees stated that

they were ordered to alter records. ______

Jane Doe, Deceased v. ABC Hospital Court/Docket #N/A

Facts: Decedent, Jane Doe, 67 years old, was a dialysis patient who was admitted to ABC Hospital with a wound infection. She was diagnosed as having a right lower extremity wound infection, which unfor- tunately progressed to a right above-the-knee amputation. Fifteen days after admission, she was transferred to the subacute rehabilitation unit. The day af- ter transfer, it was discovered that the Decedent had been receiving tube feed- ing through her peritoneal dialysis catheter. She died eight days later. Dece- dent was survived by her husband.

Trial Reporter

Allegations of Liability: Improper tube feeding through peritoneal dialysis cath- eter.

Injuries and Damages: Death

Settlement: The case was settled prior to the filing of the suit for the sum of $750,000.00

Plaintiff ’s Counsel: David F. Albright, Jr.* MTLA Member*

Defense Counsel: Indicate if MTLA Member*

Vehicular Negligence

Charles Parrish, III v. Henry Edwin Cogdell Circuit Court for Anne Arundel County No.: C-2001-73336

Facts: Plaintiff is a tow operator who on August 5, 2000 was towing Defendant’s Jeep Cherokee which was improperly parked in a vacant Roy Rogers parking lot. Defendant demanded the release of his Jeep off of the tow truck, when Plain- tiff refused Defendant attempted to drive the Jeep off of the truck. As a result, the Jeep pulled the tow truck approximately 30-40 feet across the parking lot while Plaintiff was partially in the tow truck. Plaintiff ’s left leg was caught in the door, and Plaintiff was dragged along with the town truck.

Allegations of Liability: Defendant was negligent in not realizing the vehicles were attached and in attempting to drive his Jeep off of the tow truck.

Injuries and Damages: Traumatic injury to left knee with chondromalacia with 25% permanency.

Sprained left ankle.

$2,485.17 medicals; $4,716.53 lost wages – (7 week post accident) $6,246.24 lost earning capacity (2001).

Plaintiff Experts: Kenneth Lippman, M.D. (Orthopedic Surgeon); Allan Macht, M.D. (General Surgeon – perma- nency)

Verdict: $59,447.67 ($2,485.17 medicals; $10,962.50 wage loss; $46,000.00 non-economic damages)

Insurance Company: Allstate.

Plaintiff ’s counsel: Stevan G. Simons (Continued on page 56)

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