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Jane Doe v Roe Skilled Nursing Facility
$933,000
As Americans get older, nursing homes and the like is expanding exponentially. Two recent cases caught our eyes.
Jane Doe, 89, was admitted into Roe Skilled Nursing facility on May 1, 2022. She was known to have a risk of falls. Jane Doe suffered four falls in four months. Each time the facility promised to minimize her risk of future falls.
On August 23, 2022, Jane Doe fell across from the nurses’ station, fracturing her right leg. Within two weeks she fell injuring herself with a deep laceration to her forehead. She required twelve staples to her forehead. The ER instructed the facility to clean the wound and apply antibiotic ointment to prevent infections.
The facility ignored the instructions. Jane Doe went into septic shock and died three days later. The California Dept of Public Health issued a Statement of Deficiencies to the facility for failure to obtain discharge instructions.
The case was mediated with a confidential clause [to protect the defendant’s “reputation”] and settled for $933,000 on Feb 22, 2024.
Doe Family v Roe Hospital
$30,000,000
A 79-year-old man was admitted to defendant hospital Feb 23, 2018, after sustaining a stroke. He received care and had an anticipated discharge on March 10, 2018. However, while in the hospital the patient suffered injuries, infections and complications while under the care and custody of hospital employees and staff. He died 58 days later. Upon death it was revealed that he was malnourished, septic and with a Stage 4 pressure injury that extended to the level of the bone.
The key witnesses were his wife and three daughters. They brought an action for Emotional Distress, Wrongful Death and survival action under the Elder Abuse Act for neglect and punitive damages.
The Jury Trial commenced Sept 29, 2023. The parties settled on Oct. 2023, before the verdict for $30,000,000.
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