$10.2 Million Jury Verdict for the Death of a 15-Year-Old Boy at a Residential Care Facility

A 15-year-old boy, Kevin Barr, who had cerebral palsy and seizure disorder, lived at a residential care facility. Early one morning, staff at the home found Kevin unresponsive. Emergency personnel were called one hour later. However, Kevin died before the paramedics arrived at the scene. Kevin is survived by his parents and a sibling.

Kevin’s parents, individually, and Kevin’s mother on his behalf, filed a lawsuit against the residential care facility. In the lawsuit it was alleged that the care facility had chosen not to administer a critical anti-seizure medication to Kevin and then lied to the family, stating that the facility had “done everything it could” to care for Kevin before his death.

The lawsuit also charged that the defendant residential care facility had failed to promptly call 911, lied to the police by telling them Kevin’s medical file was unavailable and failed to inform the police that Kevin had missed a dose of his critically important anti-seizure medicine.

The jury entered a verdict of $10.2 million, which included $4.5 million in punitive damages for Kevin’s tragic and wrongful death.

The Barr family was represented by attorneys Eric J. Dubin, Janice M. Vince, Steven Fink and Jessica Cha.

At the trial, the Barr family’s attorneys presented to the jury experts in emergency medicine, pediatric neurology, nursing and pain management.

The defendant presented an expert in pharmacology.

Barr v. Lonika’s Home, Inc., No. 30-2013-00629199-CU-MM-CJC (Cal. Super. Ct. Orange County, July 20, 2015).

Kreisman Law Offices has been has been handling residential care negligence cases, nursing home abuse cases, nursing home negligence cases, birth trauma cases and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Mundelein, Hinsdale, Arlington Heights, Tinley Park, Barrington, South Barrington, Palos Heights, Palatine, Chicago (Lawndale, Austin, Ravenswood, Irving Park, Jefferson Park, Sauganash), Naperville, Elgin, Joliet, Waukegan and Aurora, Ill.

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