Nursing Home Abuse and Neglect Case Results

$3.475 Million Settlement - Nursing Home Neglect

On June 2, 2021, Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement on behalf of the Estate of a twenty-nine year old female disabled resident who died as a result of hanging by per purse strap that was negligently wrapped around her wheelchair handle. Daniel O’Brien, who took the majority of depositions in the matter, stated that the case clearly involved an avoidable tragedy that would not have happened if proper supervision and safety checks were implemented in accordance with Illinois Rules, Regulations and Administrative Codes. The case was settled against a confidential suburban developmental disability housing facility for adults.

On April 18, 2017, 29 year old mentally disabled female resident was found by staff hanging by her purse strap from her wheelchair. The records indicated that the resident had three prior episodes of sliding out of her wheelchair and falling on the floor. The nursing home failed to provide her the wheelchair that was specifically fitted to her to compensate for her disabilities. On the date of the incident, the disabled resident was allowed to remain in her room for hours after being placed there by a staff member without proper supervision and adequate safety checks. Additionally, staff allowed resident to keep her purse around her shoulder when she was wheeled into her room after dinner and left her unsupervised. Allegedly, resident slid out of her wheelchair again as her purse strap was caught around the wheelchair handle and her neck. This resulted in acute asphyxiation and death by hanging. The resident was survived by her 69 year old mother. Mr. Richardson advised that the treating pathologist testified that the disabled resident likely suffered one minute of conscious pain and suffering based on physical bruises and laboratory studies.

$3.25 Million Settlement - Nursing Home Neglect

Cook County - Attorneys Timothy Richardson and Paul Salzetta - A disabled 57-year-old woman was recovering at a nursing facility in a northern Chicago suburb following knee surgery. On 9/24/12, she fell out of bed and suffered wound dehiscence and a patellar tendon rupture which required three repair surgeries. She developed an infection and eventually needed an above the knee amputation. The defendant argued that the plaintiff did not follow orders to stay in bed and that the plaintiff’s underlying condition would have necessitated supervisory life care planning even if the injury had not occurred. The settlement was paid by a confidential nursing home.

$2 Million Settlement - Nursing Home Sexual Abuse

This lawsuit charged that between July 2000 and May 2001, an 11-year-old girl who was a non verbal, mentally disabled resident of a long-term skilled nursing home for children and young adults suffered unwitnessed acts of sexual abuse by an unknown employee or employees. The child has cerebral palsy and the cognitive functioning of a 3-year-old. On three occasions, the girl was found unattended in unusual places at the west suburban facility and under odd circumstances, such as on the floor of the dark basement laundry room without her wheelchair. However, the nursing home denied that these incidents occurred. During this time, the child allegedly displayed behavioral changes consistent with sexual abuse. This action, which sought compensation for the child’s emotional distress and PTSD, also faulted a gynecologist who examined the girl in January 2001 but allegedly failed to properly assess and diagnose sexual abuse. The nursing home contended that if any sexual abuse occurred, the plaintiff could not prove that it took place at the facility. The gynecologist denied that any medical evaluations showed sexual abuse. Both defendents attributed the behavioral changes to peri-pubertal development.

$900,000 Settlement - Nursing Home Abuse

A female aide manhandled a 90-year-old woman who was a nonambulatory nursing home resident with severe dementia while moving her from wheelchair to bed, causing severe bruising with internal bleeding. The plaintiff’s medication, Coumadin, was discontinued due to risk of bleeding to death, and she developed blood clots causing pulmonary emobli and death 45 days later.

American Association of Justice American Board of Trial Advocates Illinois State Bar Association Illinois Trial Lawyers Association
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