Plaintiff v. Doe Skilled Nursing Facility: Elder Abuse

A $465,000.00 settlement in an elder abuse/wrongful death case. Our client was an 84 year-old resident admitted to a Skilled Nursing Facility. Despite being assessed as a high risk for falls due to her blindness, medication and poor safety awareness minimal safety protocols were initiated. On the incident date, Defendant left the Decedent alone in her wheelchair, turned off the wheelchair safety alarm, failed to return Decedent back to bed, and aborted all other safety interventions. Tired, sedated, and alone, Decedent fell out of her wheelchair and smashed her head against the tile floor. Lead attorney was partner Kevin F. Quinn with former associate Timothy Tatro.

Defendant's Medical Expert Witnesses: Rena Shephard, R.N., B.A., FACDONA SPECIALTY: Regulatory Compliance

Plaintiff's Medical Expert Witnesses: confidentiality agreement

Defendant Insurance: Condo Association - Liberty Mutual Oliver - State Farm

Date, Time and Place of Incident (s): May 6, 2000 TIME: 2:30 p.m.; Doe Skilled Nursing Facility

Facts and Background:
Decedent, an 84-year-old resident admitted to Defendant Skilled Nursing Facility to recuperate from a bout of pneumonia, was assessed as being high-risk for falls because she was blind, medicated, and had poor safety awareness. Minimal safety protocols were initiated. On the incident date, Defendant left the Decedent alone in her wheelchair, turned off the wheelchair safety alarm, failed to return Decedent back to bed, and aborted all other safety interventions. Tired, sedated, and alone, Decedent fell out of her wheelchair and smashed her head against the tile floor. 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 Decedent's family, called for paramedic transport to an emergency hospital. Decedent died 5 days later from subcortical hematomas resulting from the fall.

Plaintiff's Contentions, Allegations:
Defendant neglected the Decedent, failed to follow the resident care plan for fall prevention, failed to adequately staff the facility, refused to provide emergency medical services, and concealed the true cause of Decedent's fall.

Injuries and/or Damages:
Decedent suffered fatal internal injuries and bled to death. Her survival claims for elder abuse prayed for general damages and attorney's fees. Decedent's heirs sought general damages under the wrongful death statute.

Defense:
Decedent had recently suffered a stroke which, coupled with her medical history and age, severely limited Decedent's life expectancy and quality of life.

Notes:
The value of the case was driven by the enhanced remedies available under the Elder and Dependent Adult Civil Protection Act, as well as the credibility of the Decedent's family who visited her daily.

Specials: PAST MEDICAL: $10,000

Demand: $1,000,000.00

Offer: $100,000.00

Settlement Amounts: $475,000 after mediation $10,000 Economic; $465,000.00 Non-economic

Lenth of Trial: one day mediation

Attorney for client: Kevin F. Quinn with former associate Timothy Tatro

Attorney for defendant: confidentiality agreement

Individual Defendants:
A $465,000.00 settlement in an elder abuse/wrongful death case. Our client was an 84 year-old resident admitted to a Skilled Nursing Facility. Despite being assessed as a high risk for falls due to her blindness, medication and poor safety awareness minimal safety protocols were initiated. On the incident date, Defendant left the Decedent alone in her wheelchair, turned off the wheelchair safety alarm, failed to return Decedent back to bed, and aborted all other safety interventions. Tired, sedated, and alone, Decedent fell out of her wheelchair and smashed her head against the tile floor. Lead attorney was partner Kevin F. Quinn with former associate Timothy Tatro.