The names of the individuals in this nursing home lawsuit were made confidential. Mr. Roe, a nursing home resident with a history of criminal sexual violence, became friendly with a fellow resident, an 82-year-old woman, Ms. Doe, who suffered from dementia. The staff at the nursing home, Maple Farm Nursing Home, were concerned about Doe and Roe being together. The situation was discussed with the County Office of Aging, which agreed to keep Doe and Roe separated.
Nevertheless, the nursing home chose not to do so. Early one morning, Mr. Roe went to Ms. Doe’s room and sexually assaulted her. The police were summoned to the nursing home and Roe admitted to the assault.
Ms. Doe, through a representative, sued the nursing home, its parent company and Mr. Doe ,alleging liability for the sexual assault.
Ms. Doe also alleged negligent supervision and security. Contrary to the nursing home’s policies, Ms. Doe complained, the nursing home staff had allowed Doe and Roe to spend time together alone in a room.
Following a jury trial, the jury signed a verdict for $7.5 million, apportioning liability at 47.5% for the nursing home, 37.5% to the parent company and 15% to Mr. Roe. Before the punitive damages phase of the trial, the parties settled for $6.75 million.
The attorneys representing Ms. Doe were Carl R. Wilander, Matthew Stone and Lorraine Donnelly.
At trial, the Doe attorneys presented experts specializing in the fields of geriatric nursing, geriatric medicine and sexual assault.
McLaughlin v. Garden Spot Village, No. CI-2014-01922 (Pa. Ct. Com. Pl. Lancaster County).
Kreisman Law Offices has been handling nursing home abuse lawsuits, nursing home sexual assault lawsuits, nursing home bed sore cases, nursing home negligence cases and medical negligence lawsuits for individuals, families and loved ones 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 Winfield, Waukegan, Zion, Gurnee, Grayslake, Crystal Lake, Cary, Mundelein, Midlothian, New Lenox, Long Grove, Wilmette, Evanston, Skokie, Chicago (Lakeview, UIC, Uptown, Bronzeville, Andersonville, Wicker Park, Bucktown, Logan Square, Rogers Park, Albany Park, Jefferson Park, Washington Park, Kenwood, Woodlawn, Lake Calumet), Melrose Park, Flossmoor, Highwood, Homewood, Forest Park and Lisle, Ill.
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