Doe allegedly suffered a series of falls at Roe Nursing Home. He was diagnosed as having a serious head injury. Doe later died; his death was allegedly caused by these falls.
A lawsuit was filed against an undisclosed defendant nursing home and its parent company alleging administrator and corporate negligence. The lawsuit sought punitive damages.
Before trial, the parties settled for $4.25 million.
Ms. Doe, 93, suffered from dementia and lived at the Roe Care Center. Her condition necessitated that she receive extensive assistance with transfers to and from her recliner, including when she needed to use the bathroom.
When Ms. Doe called for assistance, two aides allegedly responded and used the recliner to raise her to a standing position. The aide then allegedly assisted Ms. Doe to the bathroom and brought her back to the recliner. She was left in a standing position. The aide did not assist Ms. Doe in getting back into her chair.
As a result, Ms. Doe fell and fractured her left leg, which required surgery. The procedure left Ms. Doe bedridden and completely immobile, which in turn led to the development of pressure sores.
John Tsucalas, 76, suffered from dementia and was admitted to Meadowview Rehabilitation and Nursing Center. Just two weeks later, he fell in his room, striking his head and his right hip. He was transferred to a hospital for treatment and died ten days later.
The cause of death was determined to be a blunt impact right hip fracture. Tsucalas’s estate sued the nursing home, alleging claims for wrongful death and survival. The Tsucalas estate asserted that the nursing home had chosen not to implement fall protection measures or properly supervise him.
Before trial, the parties settled for $75,000.
Shirley Liebenguth lived at Cedarbrook Senior Care and Rehabilitation, a facility operated in part by the local county government. She was morbidly obese and required assistance with basic mobility and total assistance with transfers.
When a certified nursing assistant allegedly attempted to move her, she fell to the floor and suffered bilateral fractured femurs.
Liebenguth was brought to a nearby hospital where she suffered cardiac arrest and passed away. She was survived by her two brothers.
James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.
The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.
Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.
Jennifer Andrules, a disabled person, was taken to Adventus Bolingbrook Hospital for medical evaluation on May 16, 2014. While at the hospital, she fell and fractured her right leg, which required surgery. She was then discharged from Adventus to Lakewood Nursing & Rehabilitation Center, but on June 3, 2014, she suffered another fall and fractured her right leg, again requiring additional surgery.
On May 2, 2016, Northern Trust, as special administrator of the Andrules’ estate, filed a complaint against Adventus for medical negligence. The director of nursing at Lakewood Nursing & Rehabilitation was deposed in 2018 regarding the second fall.
On Feb. 11, 2019, Linda Gavlin, as special administrator for the estate, filed suit against Adventus and Lakewood, alleging one count of medical negligence against each defendant. Lakewood moved to dismiss, arguing the charges were untimely.
Mr. Doe suffered from several health conditions. He had atrial fibrillation and diabetes and he had undergone amputation of his right leg.
When Doe was admitted to Roe Nursing Home, he was deemed a fall risk. However, a fall prevention plan was not put in place at the outset. He fell multiple times and suffered minor injuries. He later rolled out of bed after using a remote control that elevated his bed to the highest position.
As a result of that fall, Doe suffered a fractured left femur and underwent surgery. Unfortunately, he died the day following surgery. The lawsuit alleged that the nursing home was liable for Doe’s injuries and subsequent death. The plaintiff asserted that his death resulted from the defendant nursing home’s numerous breaches of the standard of care related to fall protection.
Joseph Falarski, 88, suffered from dementia and other illnesses. He was admitted to the Grand Rapids Home for Veterans. While living at the nursing home, he fell multiple times, including while left unassisted in a bathroom and during transfers.
As a result of these falls, Falarski suffered serious injuries, including a subdural hematoma, facial fractures and lacerations.
Falarski’s health deteriorated after his last fall, which led to his premature death from complications related to his fall fractures. He was survived by his wife and four children.
Doe, 81, lived in a nursing home’s secure memory unit. She tended to wander and had exit-seeking behaviors, necessitating her use of the WandergGuard, a wearable safety device.
Even after a door alarm was activated, a nursing home staff member did not see that she had fallen down multiple flights of stairs. She was discovered at the bottom of the stairs, bleeding and crying for help.
Doe suffered serious injuries, including a subarachnoid hemorrhage. She unfortunately died eight days later.
Guillermina Ruvalcaba suffered from various health conditions, including dementia and neuropathy. She had also undergone bilateral leg amputations.
After being hospitalized for diabetic ketoacidosis, she was admitted to Hacienda Heights Healthcare & Wellness Centre, an unlicensed skilled nursing facility.
Ruvalcaba’s admission assessment indicated that she was a fall risk due to her leg amputations. Approximately one month later, she wheeled herself without assistance to the facility’s day room. While still unsupervised, she fell out of her wheelchair and suffered a subarachnoid hemorrhage. An investigation into the incident led to a nursing director’s determination that her fall was unavoidable.
Kreisman Law Offices Professional Corporation