Facts

On May 19, 2019, Doe Plaintiff suffered a mechanical fall outside of her home as she was entering a vehicle. Doe Plaintiff was diagnosed with a right tibia and right fibula fracture. It was specifically stated that Doe Plaintiff was at "extremely high risk of skin breakdown and other complications" that necessitated a heightened level of monitoring for any changes in her condition. The next day, Doe Plaintiffs; condition had sufficiently stabilized so she was discharged from the hospital and transferred to Defendant Roe Nursing Home. As part of the physician orders, nurses were to regularly assess the skin around Doe Plaintiff's cast to detect skin breakdown, swelling and changes in color which could indicate the blood flow to the toes had changed. The nurses were to cleanse, apply a treatment and dry dressing to Doe Plaintiff's leg ulcer on a daily basis.

On or around June 1, 2019, Doe Plaintiff was transferred to a hospital, where doctors noticed that the "gangrenous wound with maggots and dark ulcerations." The wound was foul smelling, black and discolored with purulent yellow film. When she presented to Medical Center, the trauma physician noted she had "maggots crawling out of the cast." On July 5, 2019, surgeons removed Doe's right leg. The surgeons continued to find maggots on her wound even after she was put under general anesthesia and were preparing to amputate the dead leg.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Roe Nursing Home's blatant disregard for the physician's orders and their own written policy is the direct and proximate cause of the fly and maggot infestation that ultimately cost Doe Plaintiff her leg. By May 24, 2019, Roe Nursing Home had ignored Doe Plaintiff for so long that her wound had developed a foul odor. On June 1, 2019, Roe Nursing Home finally took measures to comply with the Doe's physician's orders that they had full knowledge of since May 20, 2019 when they voluntarily and intentionally admitted her. Between May 20 and June 1 of 2019, Doe's leg ulcer changed from "healthy and pink in color" with "normal skin color" to a completely black spot around her ankle that had grown to three inches in diameter infested with maggots and crawling with flies.

DEFENDANT'S CONTENTIONS: Defendant contended that Plaintiff was extremely obese with uncontrolled diabetes and that the foot amputation would have occurred even without wrongdoing.

Result

The case settled for $500,000.

Other Information

The case was ordered to arbitration over Plaintiffs' objections. Plaintiff passed away in the middle of the proceedings, which significantly reduced the value of the case.