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Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement for nursing home neglect

Cook County - June 2, 2021

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.

$11 Million Settlement - Birth Injury

Cook County - November 2003

Attorneys Timothy Richardson and Paul Salzetta - In November of 2003, a 38-week-old baby girl was born at Chicago area hospital with neonatal depression (Apgars of 3 and 5). No arterial cord gas was obtained. The plaintiff alleged the labor and delivery team negligently monitored the fetal heart tracings, failed to properly interpret the fetal heart tracings, and improperly continued with the administration of Pitocin in the presence of non-reassuring tracings and uterine hyperstimulation.

$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.

$2.9 Million Verdict – Birth Injury

Attorneys Daniel E. O’Brien and Timothy M. Richardson - A Cook County jury awarded parents a $2.9 million verdict following the intrauterine death of their baby girl. The defendant nurses failed to alert a doctor even though the mother showed signs and symptoms of a uterine rupture while in the hospital. The mother’s condition progressively worsened for eight hours, but the nurses did not take action and did not check the mother’s vital signs for three of those hours. When the nurses finally alerted a doctor, the doctor initiated an emergency C-section within five minutes but found the mother’s uterus had ruptured, and the baby girl had passed away.

$5.6 Million Settlement - Street Hazard

An 18-year-old man was rendered quadriplegic for 2 1/2 years before he died when the vehicle he was a passenger in struck a dumpster that had been left in a traffic lane near 79th and Greenwood in Chicago.

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