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National Survey of Sports and Leisure Waiver and Release Law
We are pleased to announce the release of our newly updated version of Sport & Leisure Waiver and Release and Assumption of the Risk Law (Sixth Edition, 2015). We are especially proud of this publication, as it represents a thorough review of the most recent law in every jurisdiction of the United States.
Defense verdict awarded in wrongful death, medical malpractice lawsuit filed by wealthy vengeful parents.
Defense verdict awarded in wrongful death, medical malpractice lawsuit filed by wealthy vengeful parents of a charismatic 20 year-old aspiring rap musician against a beachside residential detox home, the doctor and our client, the nurse practitioner involved in the decedent’s treatment. Our nurse practitioner client specialized in detox medicine and was employed on a part-time basis by the addiction medicine specialist.
Plaintiffs alleged that their son’s death was caused by the improper prescription of detox medications by the nurse practitioner, who was following the supervising doctor’s pre-signed prescription for acute drug withdrawal.
The decedent was found lifeless and in early rigor mortis by a roommate in the early morning hours, two days after entering the detox facility with the nurse practitioner’s prescribed drug regimen. The coroner determined the cause of death to be respiratory depression resulting from the combined effect of the benzodiazepine detox medications, Buprenorphine, and a therapeutic level of Valium which had not been prescribed by the nurse practitioner but was discovered in the post-mortem toxicology results. Plaintiffs contended that, had the decedent been given the warnings, he would have refused the Buprenorphine and not taken the Valium, which plaintiffs argued were the major contributing factors in causing respiratory depression.
Defendant nurse practitioner argued that the illicit Valium, albeit at a therapeutic level, caused a lethal respiratory depression when combined with the prescribed detox medications and that, even if the black box warnings had been given, it would not have deterred decedent from taking the illicit Valium. Defendant also argued that she met the standard of care in how she evaluated the decedent and determined he was in acute withdrawal from benzodiazepines and opioids, and it was proper for her to accept decedent’s statements that he was using opioids (heroin) despite negative lab findings. Defendant Totah contended that the detox medications were appropriately prescribed, notwithstanding her lack of a license for Buprenorphine management. She relied on the detox home to administer the proper dosages and monitor decedent’s respiratory status. Defendant argued that the decedent was the primary cause of his own demise, with comparative fault by defendants Casa Bella, and Dr. Montano.
The plaintiffs sought unspecified non-economic damages for wrongful death, loss of care, comfort and society; $25,000 in funeral and burial expenses and loss of decedent’s future support.
After a 12-day jury trial, the jury returned a defense verdict in favor of our client nurse practitioner.
Appellate Cases:
Bell v. Santa Ana City Jail (2012) US.App.9thCirc.Lexis 4637 [unpublished]
Gillian B. Loya v. Starwood Hotels & Resorts Worldwide Inc. (2009) 583 F.3d 656
Clear Channel Entertainment/Televisa Music Corp. v. Mex. Musical, Inc. (2007) US.App.9thCirc. 25272
Jesus Barboza v. W. Coast digital Gsm (2007) Cal.App.Lexis 5179 [unpublished]
Brian Spillane v. Snow Summit, Inc. d/b/a Bear Mountain Resorts (unpublished 4th Appellate District 2007) Court of Appeal No. E040407
Gilday v. American Power Boat Association/International Hot Boat Association (unpublished 4th Appellate District 2007) Court of Appeal No. D051112
Perez v. Lisi Aero. Corp. (2007) Cal.App.Lexis 1 [unpublished]
Reeves v. Championship Auto Racing Teams (4th Appellate District 2003) Court of Appeal No. E032859
D’Sa v. Playhut, Inc. (2000) 85 Cal.App.4th 927
Long Beach Grand Prix Assn. v. Hunt (1994) 25 Cal.App.4th 1195
Montrose Chemical Corp. v. Superior Court (Canadian Universal Ins. Co.) (1994) 25 Cal.App.4th 902
National and International Brotherhood of Street Racers, Inc. v. Superior Court (1990) 215 Cal.App.3d 934
Hoffman v. Sports Car Club of America (1986) 180 Cal.App.3d 119
Baron v. SCAF Water Polo (Unpublished 4th Appellate District 2018) Court of Appeal No. S249448
Keigwins v. Superior Court (Unpublished, 6th Appellate District 2018)
Reed v. Regal Medical Group (Unpublished 4th Appellate District 2015) Court of Appeal No. E059895
Zulli v. Lakeside Medical Group, Inc. (Unpublished 2nd Appellate District 2015) Court of Appeal No. B256770
Cervantes v. Aurora Las Encinas (Unpublished 2nd Appellate District 2014) Court of Appeal No. B245649
Hollingsworth et al. v. JAD Insurance Brokers et al. (Unpublished 2nd Appellate District 2012) Court of Appeal No. B246708
Athlete Services LLC, et al. v. Superior Court (Unpublished 2nd Appellate District 2009) Court of Appeal No. B2183962
American Motorists Ins. Co. v. Superior Court (Unpublished 2nd Appellate District 1999) Court of Appeal No. B128862
Presentations:
The State of Waiver and Release Law in the United States – Stephen L. Hewitt (March 1988)
Defending Motorsport Cases – Stephen L. Hewitt (March 1989)
One “Big” Step to Reduce Litigation in the Diving Industry – Stephen L. Hewitt (April 1992)
Risk Management and Insurance for the Diving Industry — A New Plan – Stephen L. Hewitt (October 1992)
How Deep is Legally Safe? – Stephen L. Hewitt (January 1993)
Legal Advantages of the Responsible Diver Program – Stephen L. Hewitt (October 1993)
DEMA Industry Management Education Conference – Stephen L. Hewitt (September/October 1994)
Risk Management and Products Liability for the Diving Industry – Stephen L. Hewitt (October 1995)
Maely’s Orthopedic Device Litigation Conference – Stephen L. Hewitt (November 1995)
Overview of Spinal Fixation Device Litigation – Stephen L. Hewitt (May 1996)
Preparing for and Undergoing a Deposition (Running the Gauntlet) – Stephen L. Hewitt (2002)
Elder Abuse And Dependent Adult Civil Protection Act – Stephen L. Hewitt (March 2004)
Elder Abuse And Dependent Adult Civil Protection Act – Reckless Neglect Of Dependent Adults – Stephen L. Hewitt (November 2005)
Documentation And Communication – Stephen L. Hewitt (April 2007)
The Risk Management Puzzle: Putting the Pieces Together – Stephen L. Hewitt (July 2007)
Key Risk Management Issues and Strategies in the Practice of Psychiatry – Stephen L. Hewitt (March 2008)
The Litigation Wise Health Care Provider or How to Give the Sharks Something Else to Sink Their Teeth Into – Stephen L. Hewitt (November 2009)
Key Risk Management Issues and Strategies in the Practice of Psychiatry – Stephen L. Hewitt (March 2010)
The Litigation Wise Inspector (Or How to Give the Sharks Something to Sink Their Teeth Into) – Stephen L. Hewitt (April 2012)
Understanding the Blame Game: Joint & Several Liability, Proportionate Responsibility & Contribution – Stephen L. Hewitt (September 2012)
Liability Transplant and Tourniquets (aka Contractual and Equitable Indemnity in Healthcare Litigation) – Stephen L. Hewitt (May 2013)
Managing Intraoperative Neuromonitoring Claims – Stephen L. Hewitt (July 2013)
It’s Your Fault: Joint & Several Liability, Proportionate Responsibility & Contribution – Stephen L. Hewitt (August 2013)
Mandatory Reporters of Abuse & Neglect – Stephen L. Hewitt (September 2016)
Protecting Your Insured When Plaintiff Lacks Legal Capacity (October 2017)
Social Media War Games: Kill Shots and Landmines in Claims Handling – Stephen L. Hewitt (November 2018)