Parker Waichman LLP, a national law firm dedicated to protecting the rights of nursing home abuse and neglect victims, announces that the firm helped win a $1,102,000 verdict in a nursing home abuse and neglect lawsuit. Parker Waichman attorney, James G. Kapralos, Esq., successfully represented the family of a nursing home resident who died after suffering a fall at Clove Lakes Health Care and Rehabilitation Center Inc. in Staten Island, New York.
The plaintiff’s decedent suffered from complications from a fistula in December 2011. Due to her frail condition, her doctors believed she should not undergo surgery. Her medical conditions included Alzheimer’s disease, dementia, hypertension, diabetes, a cerebrovascular accident (CVA), left-side hemiparesis, implantation with a pacemaker, and deep vein thrombosis (DVT). The plaintiff’s decedent was admitted to Staten Island University Hospital in January 2011 where she was treated for severe dehydration stemming from fistula complications. After being stabilized, she was admitted to Clove Lakes Health Care and Rehabilitation in January 2011 for short-term rehabilitation.
According to the lawsuit, the resident attempted to get out of bed on February 7, 2011. Upon observing this, the assigned certified nursing assistant (CNA) placed her in a wheelchair and relocated her outside the nurses’ station for closer observation. Allegedly, the CNA then went on break without another assigned CNA to take her place. The nursing home was relying on all nurses to ensure that the resident did not try to get up without assistance. Unfortunately, the woman fell and broke her hip while attempting to stand soon after the CNA’s departure.
A security video shows that a nurse was nearby completing paperwork with his head down when the victim fell. During the trial, this nurse acknowledged that the resident should have been within his peripheral view at all times. All nurses who testified at the trial conceded that resident safety should come first, and that paperwork should come second. The lawsuit also points out that the resident’s care plan involved a clip chair alarm, but no such alarm sounded when she fell.
After the fall, the resident underwent hip pinning surgery. She was then sent to another nursing home, where she was found in a pool of blood by staff on March 8, 2011. The surgery and subsequent inability to get out of bed exacerbated her pre-existing medical problems, which ultimately led to her death.
“The firm applauds the jury’s decision,” said Mr. Kapralos. “This verdict sends a powerful message: That nursing homes will be held accountable for the safety and well-being of their residents.” The jury awarded $1,102,000.00 for the deprivation of the plaintiff’s nursing home resident’s rights, for violations of state and federal regulations intended to protect nursing home residents from accidents, loss of enjoyment of life, pain and suffering, and wrongful death. The awarded included $100,000 for medical expenses and $2,000 for funeral expenses.
Parker Waichman LLP continues to offer free legal consultations to victims of injuries allegedly caused by neglect or abuse in nursing home facilities. Please contact Parker Waichman’s Nursing Home Abuse page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).
Release ID: 122482