June Newbauer, 70, lived at the Grace Living Center. She was dropped to the floor as she was being transferred into a shower chair. An x-ray showed no fracture, according to radiologist and defendant, Dr. James Zimmerman. Another internist reviewed the same x-ray and also concluded there was no fracture.…
Chicago Nursing Home Lawyers Blog
State Appellate Court Affirms Judgment Notwithstanding Verdict that Vacated Judgment Against Health Care Center for Wrongful Death of Resident
Harry Cohoon was diagnosed with a treatable form of cancer and was recovering at Victoria Healthcare Center while he underwent treatment from various injuries he had suffered. For 19 days, he did well at the healthcare center. On the 20th day of his residency there, he was observed having difficulty…
Illinois Appellate Court Returns Nursing Home-Arbitration Case Back for Discovery on Severable Issues in the Wrongful Death Portion of Case
In this case, the plaintiff, Merton Messmore, brought a wrongful-death claim against the nursing home in Silvis, Ill., which is about 161 miles west of Chicago. Messmore’s wife, Mary, died after she allegedly fell. The Illinois Appellate Court called this case “a unique situation” about a stay under Section 2(d)…
Inadequate Staff Training at Nursing Home Results in $195,000 Settlement
Ms. Doe was in her 60s when she was admitted to the Roe Skilled Nursing Facility after undergoing hip replacement surgery. She asked for assistance with transferring herself from her bed or chair to the bathroom. A certified nursing assistant who had never worked with her before answered her call.…
$1 Million Jury Verdict for Wrongful Death of Nursing Home Resident Due to Understaffing
Edward Arnold was 70 when he was admitted to Whitestone Care Center for rehabilitation after a below-the-knee amputation of his left leg. After he went through dialysis, he was placed in a chair and left alone. Arnold later fell, fracturing his right hip. The rehabilitation center’s staff then placed him…
$340,000 Settlement for Failure to Treat Pressure Sore at Skilled Nursing Facility Led to Death
Barbara Carroll, 75, was admitted to a skilled nursing facility for rehabilitation after a surgery. Within a week, she developed a significant pressure sore on her coccyx, which progressed to Stage IV despite her use of an air mattress. She died of sepsis a month after her admission to the…
$1.83 Million Jury Verdict for Failure to Prevent, Treat Pressure Sores at Nursing Home
Morley Sprague suffered from end-stage multiple sclerosis and had a history of urinary tract infection (UTI) and degenerative joint disease. After a hospitalization for treatment of sepsis and a UTI, he was admitted to the North Canyon Care Center, a nursing home that offered wound care services. Within a week,…
State Supreme Court Finds That Release of Health Care Center Releases Employees From Liability
The Supreme Court of Rhode Island has held that the release of a master or principal or employer from liability also releases a servant or employee from potential legal liability. In this case, Michelle Hall sued Tavares Pediatric Center Inc., an assisted living facility, alleging liability for injuries her daughter…
Wandering Nursing Home Resident Left to Die in Cold
Ralph Ford, 73, lived at St. Francis Nursing Center. He suffered from cognitive impairment and had a tendency to wander. On one night, he left the nursing home unnoticed in his wheelchair. He was found early the next day in a Dumpster several blocks away; his limbs were frozen solid.…
State Supreme Court Affirms Dismissal of Assisted Living Negligence Lawsuit Based on Two-Year Statute of Limitations
A Mississippi Appellate Court has held that the two-year statute of limitations for the wrongful death of Sanders Hopkins Sr. was the basis for the dismissal from the lawsuit brought by Hopkins’ son. Hopkins Sr. lived in the Biloxi Community Living Center (CLC), an assisted living facility. He who used…