Confidential
Settlement – $475,000Facts
The decedent, an 84-year-old resident admitted to the defendant skilled nursing facility to recuperate from a bout
with pneumonia, was assessed as being high risk for falls because she was blind, medicated and had poor
safety awareness.
On the incident date, the defendant left the decedent alone in her wheelchair, turned off the wheelchair safety
alarm, failed to return the decedent back to bed and aborted all other safety interventions.
Tired, sedated and alone, the decedent fell out of her wheelchair and smashed her head against the tile floor.
The decedent sustained a severe head injury that plunged her into an irreversible coma.
More than six hours passed before the defendant, finally yielding to repeated requests by the decedent's family,
called for paramedic transport to an emergency hospital.
The decedent died five days later from subcortical hematomas resulting from the fall.
Settlement Discussions
The plaintiffs demanded $1,000,000. The defendant offered $100,000. The parties eventually settled for $475,000 after a day-long mediation.
Specials in Evidence
$10,000
Damages
The plaintiffs sought general damages and attorney fees under the wrongful death and elder abuse statutes.
Injuries
The decedent suffered fatal internal injuries and bled to death.
Other Information
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