$13.2 Million Jury Verdict in Inadequate Staffing Case at Nursing Home

Mary Dwyer was 87 years old when she was admitted to Harbor View Heath Care Center for a short-term rehabilitation after she had surgery. During the following three months, she lost 20 pounds and developed multiple pressure sores, including a Stage IV sacral wound. Dwyer required two surgical debridements, application of a wound vac to remove fluid from the wound and a diversionary colostomy.

She then suffered a complication, which necessitated the reinsertion of her bowels into her abdomen. Following the surgery, Dwyer died several days later and was survived by her three adult children.

Dwyer’s family filed a lawsuit against the nursing home’s corporate owners and several affiliated companies claiming inadequate nursing home staffing. Specifically, the lawsuit claimed that the defendant nursing home did not have enough certified nursing home aides available to turn her every two hours or a full-time dietician who could assist nursing home residents like Dwyer during meals. After a jury trial, the jury returned a verdict of $13.2 million for this wrongful death action.

The attorneys representing the Dwyer family were Michael A. Brusca and David R. Cohen.

Dwyer v. Harbor View Health Care Center, No. L-4819-11 (N.J., Hudson Co. Super. May 15, 2014).

Kreisman Law Offices has been handling nursing home abuse cases and medical negligence cases 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 38 years in and around Chicago, Cook County and its surrounding areas, including Cicero, Rolling Meadows, Joliet, Romeoville, Arlington Heights, Burr Ridge, Orland Park, Harvey, Alsip, Calumet City, Olympia Fields, Blue Island, Calumet Park, Chicago Ridge, Bridgeview, Brookfield, Elmhurst, Bensenville and Park Ridge, Ill.

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