California Parents Win $7.7M In Daughter’s Wrongful Death

April 22, 2013

  • April 22, 2013 at 1:50 pm
    Original Bob says:
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    In my experience in working in an adult confinement unit with mentally troubled adults, it is not unusual to use restraint in order to prevent them from hurting themselves or their caregivers. The settlement amount seems extremely excessive for the undetermined cause of death of a 33 year old, drawing upon government aid, whose family was apparently not dependent upon for income. All I can say if I ever have a slip and fall claim, I want this law firm to represent me in front of this same California jury.

    • April 23, 2013 at 2:59 pm
      Baxtor says:
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      I’m with you Original Bob. I want that law firm and that jury. The good thing with this jury is you don’t have to have a slip and fall case, just a slip would get you a couple million at least. Glad I don’t live in CA.

  • April 22, 2013 at 2:10 pm
    A mom says:
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    Funny, I see it differently.

    As it is not uncommon to need to use restraints with the seriously mentally ill, there are very clear and defined procedural standards and training required to use such restraints. A company in the business of providing care for the mentally ill, should either be providing restraint trained individuals OR train their staff NOT to restrain and instead call 911.

    In the case of a care provider improperly restraining an individual prone, on a soft surface, there should be a big award for negligence.

    That was flat out negligent.

    And Original Bob, with your past mental health experience, I’m surprised you didn’t mention training and procedures associated with restraints. There have been many cases of death as a result of face down, prone restraining, and the standards and requirements are very clear….

    • April 22, 2013 at 4:17 pm
      Original Bob says:
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      I’m not arguing that there was or wasn’t negligence, but the facts of the case say cause of death could not be determined. Using human life value, an insurance term not mine, this case does not appear to be anywhere near a 7.7 million dollar suit. Also mom, not all staff members are trained to the same level or are required to be. When you say standards and requirements are very clear it, is not that simple. For example, some staff members are trained to administer drugs and deal with reactions. Other staff members, say the overnight crew, depend on emergency responders as they are not trained on treating drug reactions nor are they required to be. I wish we did live in a perfect world, but we don’t. Perfect care for everyone is unaffordable and large judgements such as this make it even more so. As a mom, you think that no third party can take care of your kids as well as you can. That’s the hard part about giving over caregiving to a government or private institution, when something happens the parents almost never seem to think enough was done. Generally the people in these situations are in a better place than they were when living with family. Before you get your dander up about that, consider that 60% of adults with mental disabilities that were placed in institutions were sexually, physically or mentally abused before they reached us. (I learned that as part of my training).

  • April 22, 2013 at 6:39 pm
    A mom says:
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    Actually, I think you missed my point. I recognize the degree of training required (so should the company). A company in the business of caring for this population either has to have trained staff or at minimum train the staff that they are not allowed to restrain. PERIOD.

    Human life value would be to determine direct damage amount, right? to pay back the family and make whole (when there’s liability but no penalty)… What is the penalty amount?

    • April 23, 2013 at 9:14 am
      Original Bob says:
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      Mom, not being sarcastic, but have you experienced a disorder where a person with a mental disability attacks by kicking, biting, scratching, hitting and spitting – you advocate no restraint correct? Over the years I worked in adult confinement units this type of behavior was not a common occurrence. Generally you can see the pressure building and can take precautions to keep these explosive behaviors from manifesting but sometimes it comes out of left field and you need to immediately deal with it to protect yourself, other staff members or other confined consumers within the same unit. Just saying, that training does not always kick in when someone is trying to bite you in the face.
      And it is not a pleasant thing to address but in terms of financial human life value this person was in a negative position, contributing no financial support but consuming enormous amounts of public support. Yes, they were right to investigate it and levy fines or find for civil judgment assessed for negligent, I just don’t believe it is anywhere near 4.4 million.

  • April 22, 2013 at 6:43 pm
    A mom says:
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    BTW – I neglected to comment on..

    Before you get your dander up about that, consider that 60% of adults with mental disabilities that were placed in institutions were sexually, physically or mentally abused before they reached us. (I learned that as part of my training).

    OUCH, what a very statistic! It is a really tough population. I would imagine much easier to contend with in an sight hour shift than 24/7. Not to excuse abuse in the home, but I think people who are paid to provide care in shifts do have an easier job than for families who are emotionally entangled and on the job 24/7.

  • April 22, 2013 at 6:43 pm
    A mom says:
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    I meant very sad statistic.

  • April 25, 2013 at 2:53 pm
    Compman says:
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    What does the last paragraph have to do with the story? Guess the writer had to use so many words to make his editor happy. Just sayin



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