Guy Kornblum & Associates :: Recent Victories

Guy Kornblum & Associates Prevails in Arbitration for Quadraplegic Client

Guy Kornblum & Associates won an arbitration for our Client, a quadriplegic who suffered severe brain damage in a near-drowning while swimming at the Jewish Community Center (“JCC”) in San Francisco in 1974.  The 5-year-old boy was participating in a swim class for non-swimming preschool children in a program known as the “Kindergarten Club” at the JCC.  While under the care of JCC personnel, he was permitted to remain underwater for over 20 minutes,  He was paralyzed from the neck down, lost of all bodily functions and all ability to speak.  He has lived in a life care facility since.

Our Client was previously represented in the mid 70’s by Mr, Kornblum’s late law partner, Don E. Bailey.  The was settled with the insurer of the JCC, then the Insurance Company of North American,, now known as ACE, agreeing to a life care contract, which essentially was to pay all of our Client’s expenses for his medical and personal care for his lifetime. 

The Lifetime Agreement was entered into for the express purpose “to provide lifetime medical, custodial and incidental care” to Respondent’s son, and was “to be interpreted to insure that the health care, maintenance and education of [Respondent’s son] are fully provided for during his lifetime.”

After paying for many years, recently ACE started to balk.  They attempted to inspect our Client’s medical records at the facility where he was living, without any notice, and were also attempting to dictate his medical care, which the settlement expressly prohibited.  There were other instances of attempting to intrude into our Client’s medical care.  ACE also commenced an arbitration which was the dispute resolution mechanism in the settlement agreement, challenging a number of expenses, and seeking a ruling that they had a right to dictate our Client’s care, as well as obtain records and information about him, and challenge expenses.

The Arbitrator refused to accept ACE’s position .

Instead, the Arbitrator agreed with our position.  In his Award,  he ordered that ACE had no right to direct access to his caregivers or his physicians.  We  offered to respond to reasonable requests for medical records, and agreed to submit a “care plan” on an annual basis outlining the care which his physician’s recommended and were providing.    

He also warded attorney’s fees and costs of over $60,000.

The Arbitration Award was recently confirmed by San Francisco Superior Court.