Articles Posted in Settlements

Ms. Doe, receiving home health care, was an amputee who experienced constant pain at her stump site. To care for her condition, she was given pain medication. She had an epidural Port-A-Cath implanted under the skin of her chest. Ms. Doe was discharged from a hospital and planned to receive several weeks of home care from visiting nurses who would be assigned to clean the new port site, change her dressing and check for signs of infection.

Four days after Ms. Doe’s port was inserted, a visiting nurse, Roe, allegedly noted that the port site looked tender and had drainage. Roe allegedly changed Ms. Doe’s dressing. She did not contact Ms. Doe’s doctor about these findings.

During a later visit, Ms. Doe allegedly told Roe that she had decreased sensation to her bladder. Roe allegedly changed Ms. Doe’s dressing but did not return to see her for about five days. During this time, Ms. Doe’s port site was red and swollen. She complained of decreased sensation to the lower part of her body.

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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.

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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.

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Elaine Waintrup, 91, was admitted to Rydal Park Nursing Home. She lived there for almost four years. During this time, she suffered multiple falls, sometimes falling more than once in the same day.

The injuries from the falls she suffered included facial and head lacerations and a nasal fracture that necessitated hospitalizations.

In addition, an investigation that was conducted after one of her falls led to an Adult Protective Services determination that Waintrup had been the subject of caregiver negligence.

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Mary Ritter was a nursing home resident. She had a history of kidney disease and a left leg amputation.  During a transfer at the nursing home, she was dropped to the floor. She suffered a traumatic femur fracture.

She then developed necrotic pressure ulcers, which led to a decline in her condition and ultimately was a cause of her death. She was just 60 years old at the time and was survived by her two adult children.

The Ritter estate and family sued the nursing home and several of its providers alleging nursing home malpractice and wrongful death.  After the parties agreed to a confidential settlement, the plaintiffs filed a petition with the Indiana Patient Compensation Fund. Before trial, the parties settled for $205,200.

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Ms. Doe was a resident of an assisted living facility. She was an elderly woman who suffered from severe dementia. While residing at this facility, Ms. Doe experienced several falls.

A month after suffering fractures from one of the falls, she passed away. The family brought a lawsuit against the assisted living facility for choosing not to perform timely fall risk assessments of its residents, including Ms. Doe.

The case settled before trial for $250,000.

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Elaine Jenkins was admitted to the transitional care unit of Vibra Hospital of Charleston. While she was there, she suffered from debilitating injuries, which led to her permanent decline in her health.

Jenkins’s estate sued Vibra Hospital and its administrator, alleging negligence, negligence per se, breach of contract, fraud and misrepresentation, violation of the South Carolina Unfair Trade Practices Act, wrongful death and survivorship.

The Jenkins estate also argued that among other things, the defendants chose not to conduct adequate assessments, respond to changes in Jenkins’s mental status, and also failed to notify her family members after she suffered a number of different incidents at this facility.

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Fannie Dillard lived at Springfield Residences, an assisted living facility.  After she fell, she developed sepsis and a Stage IV decubitus ulcer on her sacrum, which led to her unfortunate death more than a year later.

She was survived by her daughter.  Dillard’s daughter sued the facility, alleging claims of wrongful death and a survival claim.

Before trial, the Dillard family and assisted living facility reached a confidential settlement for an undisclosed amount.

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Nicholas Zilocchi was admitted to the Garden Spring Center Nursing Home after undergoing a leg amputation. At the time of his admission, it was recorded that he had skin tears and wounds, and he was anxious and agitated about these injuries.

Over the next few days, Zilocchi was diagnosed as having additional bed sores including one on his right heel that could not be staged. He was later admitted to a hospital for treatment of septic shock, respiratory failure and necrotic skin wounds that included his right heel. Despite the treatment that he received at this hospital, he died.

Zilocchi’s adult daughter, on behalf of the estate, sued the nursing home’s owners alleging that they chose not to treat his existing pressure ulcers and skin wounds and prevent new bed sores from developing. The lawsuit alleged that the defendants had decided not to provide basic hygiene and health care to while he was a resident at this nursing home.

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Minnie Pearson was admitted to Carrington Place of St. Charles, a nursing home, after she suffered a stroke. She was in her mid to late 70s when she was admitted. About a month after her admission, a nursing aide, Heather Clark, administered another patient’s hydralazine medicine to Pearson and Pearson became unresponsive and hypotensive.

The nursing home staff tried resuscitation and then called 911. However, Pearson died several months later. She was survived by her four adult children. Hydralazine is known as a vasodilator that works by relaxing the muscles in the patient’s blood vessels to help dilate or widen them. Administration of this drug lowers blood pressure and allows the blood to flow more freely through the patient’s veins and arteries. Hydralazine is used to treat high blood pressure or hypertension.

Pearson did not need this medication.

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