CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
This was an arbitration of a wrongful death case where a resident lost 20 pounds in three weeks and died. Neglect was found under the investigation of the Department of Health. Records showed facility never told the doctor of weight loss, even though five percent in a month is considered a significant change in condition. Plaintiff claimed the facility had been grossly negligent in the care of the decedent and sought punitive damages. In a precedent setting decision, defense counsel convinced the Federal court to enforce the arbitration agreement against the non-signatory heirs and successfully moved the case to arbitration. The final arbitration award of $150,000 was significantly less than what Defendants were willing to pay in settlement and a small fraction of what Plaintiff demanded to settle the case.