(January 2003) - Wrongful death of an 87-year-old skilled nursing
facility resident/patient who died after the facility’s nursing
staff failed to care plan for the patient’s well-documented “high
risk” status for falls. Despite notice of previous falls provided
by family members, as well as the facility’s own assessment that
the patient was at “high risk” for falls, the Southern California
facility failed to initiate any fall prevention protocol. Six days after
being admitted, the patient fell while unassisted. As a result of the
fall, the resident sustained a severe head injury. Despite being transferred
to the hospital, he died later that morning. The case settled early
in litigation for a total of $475,000.00.
(October
2002) - Just three months after being placed into a board and
care facility, 92-year-old elderly man was rushed to the hospital where
he was noted as suffering from severe malnutrition, severe dehydration,
and severe muscle wasting. Upon arrival to the hospital, he was also
noted as having live insect activity in his eyes and mouth. He died
less than a week later. Angered at the obvious lack of care provided,
his family retained the firm to file legal action against the
facility for its failure to properly care for their loved one. Early
during litigation, settlement was reached with the defendant facility
for $950,000.00.
(May
2002) - An 83-year-old resident of a skilled nursing facility
died as a result of severe urospesis, which was contracted after the
defendant facility failed to properly care for and cleanse her indwelling
catheter. The facility untimately settled with decedent’s
six surviving children for $600,000.00.
(April
2002) - A 78-year-old resident of a skilled nursing facility
died after losing 25 pounds over a period of seven days while at the
facility. Although the facility contended the weight loss resulted from
medical complications, and not as the result of a lack of care rendered
by its facility, it agreed to settle the case with the decedent’s
children in the amount of $375,000.00 before a lawsuit was filed.
(January
2002) - An 87-year-old resident of a skilled nursing facility
died after the nursing home failed to administer her life-sustaining
medication over a period of 26 days. The woman’s primary care
physician, who the firm argued failed to adequately monitor
the heath of her patient, participated in the settlement. The case
settled for a total amount of $910,000.00.
{June 2001) - A 94-year-old man who fell while residing
in a residential care facility, sustained a severely broken hip and
shoulder, died before doctors could operate. Through its investigation,
the firm was able to demonstrate that the man fell late at
night as a result having been purposefully over-medicated by staff at
the residential care facility who wished to keep him quiet [and thus
trouble-fee]. In the face of this harmful evidence, the insurance
provider for the facility agreed to settlement with the surviving family
in the amount of $700,000.00.
(September
1999) - A 74-year-old resident of a residential care facility
choked on her own vomit and died after staff at the facility intentionally
tied her emergency call cord out of her reach. The cord was tied-up
after staff became annoyed at the woman’s repeated calls for help
because of persistent vomiting. Later in the evening, the woman became
sick again but was unable to call for help because she could not reach
the call button. When she attempted to get out of bed to seek help,
she fell to the floor and proceeded to choke on her own vomit. She was
found on the floor over four hours later by oncoming staff. The
firm was able to settle this hard fought case on the eve of trial -
without provisions of confidentiality - for $2,200,000.00. The settlement
was lauded by the press as the largest settlement ever reported in the
State of California against a residential care facility.