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John Supple and Beth Burns, attorneys in Gordon & Rees' Health Care Group, obtained a defense verdict in an 8 week trial on behalf of Riverdale Convalescent Hospital, a Covenant Care nursing facility (Inclan v. Covenant Care). The plaintiffs, children of the decedent, alleged wrongful death, elder abuse, fraud, and intentional infliction of emotional distress. The case was originally filed in 1997. After the plaintiff’s initial request to claim punitive damages was denied by the trial court, the California Supreme Court reinstated the punitive damages claim holding that elder abuse cases were not subject to certain procedural protections afforded to healthcare providers in professional negligence cases. This case is a significant victory for the long-term care providers given the difficult facts of the case, the complexity of the issues, and the importance of the Supreme Court’s decision.
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