Confidential
Settlement – $425,000Attorneys
Plaintiff
Cornelius P. Bahan
(Law Offices of Cornelius P. Bahan, APC)
Defendant
Experts
Plaintiff
Thomas W. Broderick
(medical)
Dennis R. Malkasian
(medical)
Robert W. Buckley
(medical)
Mary Dellefield
(medical)
Facts
Decedent, 82 years of age was admitted to defendant facility on Feb. 5, 1998 with diagnoses of depression and psychosis. Decedent was noted to be at increased risk for falls, contributed to by anti-depressant medication. Decedent was found wandering in the facilityÆs halls in the early mornings. He had to be escorted back to his room.
On Feb. 20, 1998 due to understaffing, defendantÆs certified nursing assistant (CNA) had 31 assigned residents. The CNA testified to hearing noise from the decedentÆs room at 11 p.m. to which she responded and moved decedent from one bed to another. The CNA did not see anything unusual in decedentÆs room.
At 7:50 a.m., on Feb. 21, 1998, decedent was found unresponsive and was taken by paramedics to the hospital where a massive subdural hemorrhage and skull fractures were discovered on imaging studies. Paramedics discovered blood on the underside of decedentÆs pillow taken from the facility. A housekeeper cleaning decedentÆs bathroom on Feb. 21 discovered a swipe of blood on the floor. Decedent died Feb. 22, 1998.
Autopsy revealed three distinct skull fractures and 300cc of blood within decedentÆs brain. Defendant received an AA Citation an a $25,000 fine. Defendant contested the citation and fine.
Specials in Evidence
$6,150
Other Information
The settlement was reached as jury selection was about to begin.
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