Nursing Home Fall Cases

April 29, 2022

$3.45 Million Jury Verdict in Failure to Assist Elderly Resident in Bathroom Fall

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.

March 23, 2022

Illinois Appellate Court Answers Certified Question as to Disability Tolling Statute

by Robert Kreisman

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.

February 21, 2022

$450,000 Settlement in Nursing Home Neglect, Resident Fall

by Robert Kreisman

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.

February 2, 2022

$775,000 Settlement for Inadequate Care at Nursing Home

by Robert Kreisman

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.

December 8, 2021

$2 Million Settlement in Failure to Provide Adequate Safety Measures for Wandering Nursing Home Resident

by Robert Kreisman

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.

December 1, 2021

$755,000 Jury Verdict in Elder Abuse Lawsuit

by Robert Kreisman

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.

September 15, 2021

$150,000 Settlement in Failure to Prevent Fall at Nursing Home

by Robert Kreisman

Louise High was admitted to Brandywine Senior Living at Upper Providence. At the time of her admission, High suffered from dementia, hypertension, a bladder tumor and gait dysfunction. Because of these conditions, she was required to receive help with medication and activities of daily living.

During the second week of High’s admission to this facility, the staff at the nursing home found her on the floor of her room, clutching her right hip. Later that day, she fell on her right side and vomited.

She was taken to a hospital emergency room where she was diagnosed as having a fractured hip and sepsis. Her condition continued to decline. She died several months later and was survived by her two adult sons.

August 5, 2021

$120,000 Settlement in Nursing Home Fall Lawsuit

by Robert Kreisman

Paul Smith was admitted to the Attleboro Nursing & Rehabilitation Center where he was recognized as a fall risk. Three years after his admission, he suffered a fall that resulted in a fractured hip. His condition deteriorated, and he died approximately two weeks later. Smith was survived by his son and wife.

The Smith estate sued the nursing home and several related entities alleging that these defendants had chosen not to properly evaluate Smith and failed to take the necessary steps to minimize his risk of falling and injuring himself. The Smith family lawyer argued that his fall was preventable, which directly led to a decline in his health. It was also alleged that the fall was a cause of his death just two weeks after his hip fracture.

Before trial, the parties settled this case for $120,000.

July 7, 2021

$750,000 Settlement Reached in Failure to Implement Fall Prevention Measures at Nursing Home

by Robert Kreisman

Charles Jackson lived at Care Pavilion Nursing & Rehabilitation Center for more than four years. During his time there, he allegedly suffered more than 14 undocumented falls. After one fall, he was found on a bathroom floor and was taken to a hospital where he underwent a hip replacement.

Jackson was returned to the nursing home but was transferred back to the hospital less than one month later. There, he was diagnosed as having sepsis and severe dehydration.

He died just over two weeks later from respiratory distress, sepsis and a prosthetic hip infection. Jackson, 83 at the time of his death, was survived by his adult daughter.

July 6, 2021

$125,000 Settlement in Nursing Home Case Regarding Failure to Prevent Falls

by Robert Kreisman

Vera Petrella was a resident of the Arden Courts of Yardley long-term care facility. She had a history of coronary artery disease, hypertension, dementia and Parkinson’s disease.

Her care plan provided that she would receive assistance transferring her in and out of bed, assistance going to the bathroom and walking. Several weeks after she was admitted, Petrella fell. After several more falls, she suffered a fractured left hip that required surgery. She later died as a result and was survived by her three children.

The Petrella family and children sued Arden Courts of Yardley PA LLC and other entities, alleging claims for wrongful death and survival. The Petrella family claimed that the facility chose not to implement fall prevention measures, adequately assess her condition and provide sufficient supervision.