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Articles Posted in Wrongful Death

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$586,600 Arbitrator Award in Assisted Living Facility Injury and Death Case

Violet Moseson, a 97-year-old resident of an assisted living facility, was mandated to be checked on every morning. The facility was to perform safety checks each morning for this resident and others. At the time of this occurrence, the electronic system through which the facility was supposed to communicate with…

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$325,000 Settlement Reached in the Death of a Nursing Home Resident Caused by an Inadequate Transfer

Ms. Doe, 78, suffered from blindness and mild dementia. Her nursing home care plan called for her to receive assistance from at least two people during any type of physical transfer. This would mean transfer from her bed or transfer from a chair or a transfer from her wheelchair. Nonetheless,…

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Nursing Home Resident Dies After Suffering Several Untreated Illnesses – Jury Enters Verdict for $5.56 Million

Sophia Alcon, 77, was admitted to Life Care Center of Pueblo, a skilled nursing facility. During the 7 months that she remained there, she suffered various injuries and illnesses, including urinary tract infections, bed sores, dehydration, malnutrition, pain, renal failure and aspiration pneumonia. She was brought to a nearby hospital…

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Confidential Settlement Reached in Assisted Living Resident’s Fall, Resulting in Injuries and Death

Ms. Doe, 82, lived at an assisted living facility. While she was there she fell, suffering a neck fracture and a myocardial infarction. In other words, not only did she sustain a fractured neck but she had a heart attack as well. Ms. Doe died two hours later. She was…

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Jury Enters $16.73 Million for Family Injured by Nursing Home Employee Sent Home Intoxicated

Samuel Dale Graham was driving his SUV; his wife, Sharla Kay, and their two children were passengers. Another motorist, Alisa Prueitt, drove off the road, over-corrected and struck the Graham SUV, which rolled over. Samuel, 37 at the time, suffered fatal blunt-force trauma injuries and died at the scene. At…

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Appellate Court Agrees that Arbitration Agreement was Inapplicable to Wrongful Death Claim of Resident’s Beneficiary

A Kentucky Appellate Court has held that an admission agreement’s arbitration clause signed by the resident’s son at the time of her nursing home admission did not apply to the son’s subsequent wrongful death lawsuit against the nursing home and its operators. John Cox III signed an agreement to admit…

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Nursing Home Resident Death Allowed to Proceed in State Court and Did Not Violate Arbitration Act

A Pennsylvania Superior court held that a trial judge did not violate the Federal Arbitration Act (FAA) by refusing to split up a plaintiff’s wrongful death and survival claims arising out of the death of a nursing home resident. Margaret Tuomi was a resident at Kenric Manor, an assisted living…

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Nursing Home Owed Duty of Care to Resident Being Transported by Van from Dialysis Center

Marjorie Stearns, 89, suffered from dementia. She lived full time in a nursing home. The nursing home records showed that Marjorie had fallen at the nursing home. The nursing home initiated safety measures to protect against any future falls. This Illinois Appellate case analyzed the legal concept of duty. It…

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Illinois Jury Finds in Favor of Nursing Home when Resident is Injured Falling from Wheelchair

Frank Hegyi, 91, was a hospice care resident with dementia at the defendant Fair Oaks Health Care Center in Crystal Lake, Ill. On June 10, 2008, he was sitting in his wheelchair in the facility’s dining room when he stood up and fell, fracturing his right femoral neck. He was…

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Nursing Home Lawsuit Resulting in a Resident’s Death for Delayed Transfer to Hospital

Rosemary Jackson was a resident of the defendant’s Nature Health Trail Center in Mount Vernon, Ill., where she was rehabilitating after a colonoscopy at a different facility. She was 85 years old when she returned to Nature Trail following that colonoscopy. Over the next four days she was lethargic and…

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