Settlements of Interest

Nursing Home Case Settlements

$300,000 - Verdict - For a 91 year old woman who fell and suffered a fracture of her left hip and left humerus at an upstate nursing home The theory of the case was that the resident was a high fall risk and should not have been in an old bed. The bed rails had large gaps at the foot of the bed which she may have fallen from. The facility did not assess her properly for the use of bedrails and did not consider them restraints. Had they considered the bedrails restraints they would have released them every two hours. Further, her care plan called for two hour checks which we were able to establish did not occur. The care plan and policies and procedures of the facility required that all residents at risk for falls be placed in a low bed. We examined the bed in question and determined that it was not a low bed. As a result of this case I intend to examine the bed of any case involving a fall from bed. 2007

$300,000.00 - Settlement – For an 86 year old woman fell while she was a resident of a nursing home in New York City resulting in a fractured hip. The theory of this case was that the facility did not provide enough supervision. She had a total of eleven prior falls. The care plan called for contact supervision when ambulating which she did not receive. The facility took the position that they did not have enough staff to provide that level of supervision and that falls happen to the elderly. They also took the position that the fall would not have been prevented even with supervision. The case settled days before jury selection. There was a zero offer until the trial date was scheduled. 2005

Confidential Settlement- A New York City woman who suffered Stage IV bedsores. The bedsores healed at a subsequent facility. The facility destroyed the turning and repositioning CN-A records. The defendant took the position that the records were no part of the chart and therefore they did not have to keep them.

$275,000 – Settlement - For the wrongful death of a 26 year old nursing home resident who suffered from Addison's disease in a New York City facility. The facility failed to properly manage his Addison’s disease. He also developed Stage II arguably Stage III bedsores while a resident at the facility. We were able to establish that the facility failed to turn and reposition the resident. 2003

Confidential Settlement – Rape of a 90 year old resident by an aide while the resident was in the nursing home unit of a hospital. The facility failed to do a complete back ground check of the aide. The facility also permitted the aide to care for residents unsupervised in violation of governmental regulations. The aide was later convicted of rape. My client’s granddaughter testified before a Senate Committee to address the lack of a central federal registry for aides. 2007

$195,000 – Settlement - For the wrongful death of a nursing home resident in Upstate New York who was asphyxiated as a result of being tangled in the bed rails. The facility removed her bed alarm on the night that she attempted to climb out of bed. Her care plan also called for fifteen minute bed checks which we were able to argue did not occur because the autopsy indicated that she was entangled in the bedrails for 15-20 minutes prior to death. 2004

$175,000- Settlement- For a 72 years old woman who fell from her wheelchair resulting in a fractured femur. She was a stroke victim and as a result was wheelchair and bed bound. The facility took her out for a day trip with other residents when her chair alarm sounded numerous times because she was sliding out of her wheelchair. The staff removed the batteries to stop the alarm from sounding. Upon return to the facility the staff incorrectly installed the batteries. Accordingly, the alarm did not sound when she slid from the wheelchair . An additional theory in this case was that the wheelchair was improperly fitted for her. We argued that had it been properly fitted she would not have slid out of the wheelchair. The defense argued that there was minimal; pain and suffering because the injury was on the same side that she had suffered paralysis from said stroke. She was alive at the time of settlement.

$150,000 – Arbitration - For a woman who fell from her bed at a nursing home in Upstate New York after a decision was made to remove her bedrails resulting in a odontoid fracture and a large hematoma. At the time that they removed the bedrails the facility did not put any other fall care prevention care plan in place such as lowering the bed and putting the mats on the floor. They also did not remove the end table which is what she hit when she fell from bed. The facility did not her evaluated for possible fractures for a few days after the fall despite complaints about a neck injury. 2007

$142,500 – Settlement - For the wrongful death of an 80 year old woman who fell from her bed in a nursing home in Upstate New York. The facility did not have enough bed alarms so they removed hers to give to another resident. 2005

$125,000 - Settlement - For a from a wheelchair resulting in the wrongful death of an 84 year old nursing home resident in Upstate New York. Following September 11, 2001 the resident- a World War II combat veteran with Alzheimer’s was having delusions that the home was going to be invaded and he had to protect the staff. He would act up at night so convenience of the staff he was placed in the dining area with the television on. It was established that he had access to the remote control and would put CNN on to watch the news post 9/11. 2004

$125,000 – Settlement - For a 24 year old autistic man who was assaulted by a staff member of a residential treatment center in Upstate New York. 2004. The facility failed to do daily skin checks after it bruising was discovered. The staff member whipped him with w hat we believe to be a wire in his genitalia.
$100,000.00 for a nursing home resident in Albany County who fell twice within 7 hours of being admitted to a nursing home resulting in a possible hairline hip fracture without surgery. The resident was at high risk for falls on admission but the facility failed to properly supervise her during this period of adjustment. 2006

$100,000 – Settlement - For a 94 year old woman whose rights as a resident of a nursing home in Upstate New York were routinely violated when the nursing home neglected her. There was no specific injury in this case but rather she was neglected. This was more a 2801-d loss of dignity case. I.E. the client’s daughter kept a diary of all of the things that occurred one of which was how long the bedpan was left in the room with her feces. This case settled because of that diary. 2005

$95,000- Settlement- For a 91 year old upstate man to fell from bed and sustained a neck fracture. There was a favorable DOH finding that the facility failed to keep the bed in its lowest position and also bed alarm was in an off position. The nursing home in this case did not have any insurance.

$90,000 – Settlement - For an upstate nursing home resident who fell and suffered a fractured ankle that did not require surgery in Upstate New York. An aide took her to the bathroom but failed to use a gait belt as called for in the care plan. The resident fell to the floor fracturing her ankle. The resident was alive at the time of settlement. 2006

$37,000 For a 93 year old upstate nursing home resident who endured pain and suffering as a result of a medication error. There was no serious injury. 2003

$30,000.00 For an upstate nursing home resident who suffered bruising and swelling from a fall while being transferred in a nursing home in Upstate New York. There was no serious injury. She was alive at the time of settlement. 2007

$30,000.00 For an upstate nursing home resident who fell backwards from her wheelchair while being attended to by aides. She suffered a laceration requiring stitches with no visible scarring because it was on her scalp. 2006