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Emotional testimony on delayed settlement; committee reports item 13 'do not pass' after closed session

San Francisco Board of Supervisors, Government Audit and Oversight Committee · June 16, 2016
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Summary

Public commenters urged the Board to honor a settlement in the case of David Zeller, who later died; the committee voted in closed session to forward item 13 to the full Board with a 'do not pass' recommendation and forwarded items 14–20 with positive recommendations.

Items 13 through 20 covered settlements and resolutions to authorize payments and other legal resolutions. Item 13 drew extended, emotional public testimony from attorney Carter Zinn, the heir Michael McCallan and multiple friends who urged the committee to approve a negotiated settlement for David Zeller, who had been paralyzed after an incident at San Francisco General Hospital and later died.

Attorney Carter Zinn said the parties had negotiated a global settlement and that the city’s delay in moving the settlement toward approval contributed to harm after his client’s health deteriorated. "Pulling out of a settlement because my client died is not good faith," Zinn told the committee, urging the Board to honor the agreement so family and heirs could use the funds for a planned scholarship and other needs.

Multiple witnesses who knew Zeller recounted his paralysis, struggles with withdrawal after medication changes and the emotional toll on friends and family. The committee then convened in closed session. When it returned to open session, the Deputy City Attorney reported the committee had voted 2–0 in closed session to forward item 13 to the full Board with a "do not pass" recommendation and to forward items 14–20 with positive recommendations.