The family and estate of Solomon sued Developmental Systems Inc. for wrongful death, fraud, abuse, neglect and breach of contract for the death of Solomon, who drowned in a bathtub when she was left unattended by a care giver. Developmental Systems Inc. admitted abuse and wrongful death but contested the other allegations including damages.

Medical malpractice wrongful death claim : Decedent, female, age 82, was survived by one adult daughter, who brought suit on her behalf for decedent’s wrongful death, arising out of negligent care, including vulnerable adult abuse. On November 13, 2000, decedent was admitted to Yuma Regional Medical Center (“YRMC”), for an out-patient radiology procedure to remove a clot from her left arm dialysis shunt. Defendant nursing staff caused decedent to fall from the radiology table, sustaining multiple fractures and other traumatic injuries. Plaintiff alleged defendant nursing staff fell below the standard of care, in failing to protect decedent while sedated with Morphine Sulphate and in allowing her to fall from the radiology table. Plaintiff planned to call Myrna Reed, R.N. and Certified Rehabilitation and Gerontological Nurse, of Prescott, Arizona. As a direct result of the injuries sustained in the fall from the radiology table on March 5, 2002, defendant fell in her bathroom and sustained a left hip fracture. She was again admitted to YRMC, under the care of her primary physician, defendant Nutt, an internal medicine specialist. Upon admission to the hospital, decedent had no evidence whatsoever of coccyxgeal pressure sores or skin breakdown. On March 14, 2002, she was transferred to the Transitional Care Unit (“TCU”). Plaintiff alleged defendant YRMC’s nursing staff fell below the standard of care when they failed to comply with the established Wound Care and Skin Integrity policies and procedures established to provide a systematic approach and monitoring process for skin integrity, pressure ulcer care, prevention of pressure ulcers and promotion of wound healing in a timely manner. Plaintiff further alleged each and every one of these policies was violated repeatedly and consistently by defendant YRMC’s nursing staff during decedent’s hospitalization in March and April 2002. This neglect and abuse represented a clear violation of the Vulnerable Adult Statute, for allowing decedent to develop four (4) pressure ulcers and ultimately die as the result of necrotizing fascititis on April 12, 2002. Plaintiff planned to call Ms. Reed to testify that defendant YRMC’s nursing staff consistently and repeatedly violated the standard of care and defendant’s policies in failing to properly monitor, treat, assess, report and evaluate decedent’s skin condition. Plaintiff planned to call Dan Osterweil, M.D., internist, Clinical Professor of Geriatrics at UCLA School of Medicine, to testify that defendant Nutt fell below the standard of care in failing to properly treat decedent’s pressure ulcers and ensure the established wound care and skin integrity policies and procedures were implemented and followed in a timely and consistent manner. Plaintiff alleged defendants collectively and individually fell below the standard of care in failing to monitor, assess, prevent and treat decedent’s pressure ulcers which ultimately caused her death.

Automobile accident wrongful death claim by the family of Carl Johnson, age 50, who was killed when he was hit by a minivan when he ran into I-10 traffic in an effort to avoid being hit by a vehicle being driven by Daniel Espinoza. Johnson and Jim Crunk were stranded on I-10 when their car broke down at 2 a.m. Espinoza passed them on the highway and then decided to render assistance. He put his truck in reversed and began backing down the highway. Espinoza was going too fact and slammed on his brakes. The sound made by the screeching tires startled Johnson and Crunk. They both ran in different directions to avoid the danger created by Espinoza's truck. Unfortunately, Johnson ran into the path of Kent Weyrick's vehicle and was killed instantly. Crunk was not injured. Johnson's wife Susie and his daughter Marissa brought suit for wrongful death. Espinoza did not appear and testify during the trial.

Medical Malpractice - This was a wrongful death case involving a twelve-year-old child and the failure to timely diagnose a nasopharyngeal tumor in 1994 and 1995. By the time of the diagnosis, the cancer was Stage IV. Defendant Bernstein was the family practice doctor who was responsible for the referrals to specialists. John James, D.O., admitted prior to trial that he misread a CT scan in March of 1995, which showed the mass. Steven Locnikar, D.O., admitted he did not try to determine the underlying cause of the child's symptoms and did not use a scope to view the nasopharyngeal space. Had he done so, it was undisputed that he would have seen the tumor. Defendant Bernstein claimed he relied on the specialists. Plaintiff alleged that Defendant Bernstein failed to, among other things, provide sufficient information to the specialists and follow up after the referrals because of the symptoms of his patient were unexplained.