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Parents win $7.7M in daughter’s wrongful death

SAN LUIS OBISPO, Calif. — A jury has awarded $ 7.7 million to the parents of a woman diagnosed with schizophrenia who died during a scuffle with her caregivers.

The sum announced Friday after five days of deliberation was significantly larger than the $ 5 million Lauren Arcady’s parents had sought, the San Luis Obispo Tribune ( reported in Saturday’s editions.

Arcady, 33, died in 2010 during a struggle with her caregivers. Arcady had moved into her own house in Santa Maria about 150 miles north of Los Angeles after living in a state-run facility for people with developmental disabilities. Two caregivers were hired to stay with her during the day.

Arcady, who was tentatively diagnosed with schizophrenia at age 13, became angry when one of the caretakers took a picture of her. She marched into her room as they followed.

During the trial, plaintiffs’ attorney James Murphy told jurors that Arcady suffocated because the caregivers improperly restrained her on a bed. Murphy said the caregivers did not have CPR training and did not try to revive Arcady.

But attorneys for the company that hired the caregivers countered that they tried to help Arcady, who had a habit of hurting herself. They contended her death was caused by medications and stress. The coroner’s office could not conclusively determine a cause of death.

The caregivers were not charged. Arcady’s parents, Kathleen Reed and Alexander Arcady, filed a wrongful death complaint against the caretakers’ employer, alleging negligence and abuse of a dependent adult.

Friday’s verdict came almost a year after a different jury awarded $ 74 million to a San Luis Obispo couple, who alleged their doctor’s botched delivery of their daughter resulted in her developing cerebral palsy.

By |April 21st, 2013|News|Comments Off on Parents win $7.7M in daughter’s wrongful death|

New Bill Allows Parents to Sue for Wrongful Death of Fetus – U.S. Politics Today

A new law creates a cause of action for wrongful death of a fetus. Parents may now bring suit for medical malpractice, abuse, or negligence that result in their child’s death.
October 16, 2012 /24-7PressRelease/ — Virginia parents who have lost a child know it is a devastating experience. The pain often lasts a lifetime.
The Virginia Senate recently approved a bill that allows parents to sue for the wrongful death of a fetus. The bill is part of several bills related to abortion rights that were also introduced during the current legislative session.
The bill creates a cause of action for death of a fetus caused by a wrongful act or neglect. It creates the greatest expansion of a cause of action for wrongful death in Virginia since it was first recognized in 1871.
Many other jurisdictions have passed similar bills. A majority of states require a fetus to be viable in order to bring a wrongful death suit. Virginia is part of a minority of jurisdictions that allow a suit to be brought for both a viable and nonviable fetus. It is important to note that the bill does not provide a right to sue for lawful abortions performed in Virginia.
The suit can only be brought by the natural mother. An administrator of her estate, a guardian or a personal representative may sue if the natural mother is not available due to death or disability. However, no suit can be brought against the natural mother of a fetus.
Previously, expectant mothers could obtain emotional distress damages for loss of a fetus, but no wrongful death cause of action was available. The new bill provides compensation to family members when a fetus [...]

By |October 17th, 2012|News|Comments Off on New Bill Allows Parents to Sue for Wrongful Death of Fetus – U.S. Politics Today|