Nursing Home Litigation

July 31, 2014

$500,000 Settlement for Injured Wheelchair Occupant Who Rolled Off Van Lift

A 56-year-old woman, Shirley Walker, who was wheelchair-bound, was receiving transportation services from a company known as LocoMotion. LocoMotion was a county-subsidized bus service. While the wheelchair was being loaded onto the transportation van by a mechanical lift, she found that she had been left alone and unattended. Walker released the chair’s brakes believing that she would roll onto the van. But the wheelchair rolled backward and it fell off the lift. She fell with the wheelchair, which resulted in her suffering a fractured neck.

After the incident, Walker was paralyzed from the neck down until her unfortunate death. She was just 56 years old.

The Walker family brought a wrongful death lawsuit that claimed that LocoMotion’s owner was responsible for choosing not to strap Walker’s wheelchair onto the lift or stand behind her as she rolled onto the van. Before the case went to trial, the matter was settled for $500,000.

February 11, 2014

Illinois Nursing Home Found Not to be Negligent for Choosing Not to Protect the Plaintiff Against a Third Party’s Criminal Attack

by Robert Kreisman

On Sept. 18, 2007, Kimberly Vinci entered Balmoral Nursing Home as a resident. Vinci was to receive general nursing and rehabilitation care. Balmoral has 200 patients who are largely unsupervised. The Balmoral staff is often present and the exit doors are equipped with alarms, although there are no security guards or cameras inside the nursing home facility.

Balmoral residents are allowed to walk around the public areas unsupervised.

Balmoral houses about 120 patients who are being treated for diagnosed mental illnesses. The nursing home screens all incoming patients for any sign of violent tendencies. Patients who have histories of heroin use, sex offenses, violence or suicidal behavior are refused admittance.

January 10, 2014

Residential Treatment Facility Settles Improper Sexual Relations Case for $1.5 Million

by Robert Kreisman

In a case involving improper sexual relations with a troubled teen, a residential care facility employee took advantage of the young woman. The employee had sexual relations with her, which led to this confidential settlement. The case settled before a lawsuit was filed.

Ms. Doe, labeled as a troubled teenager, was placed in a residential treatment facility for her immediate care. To make matters worse for Ms. Doe, while she was at the treatment center, she engaged in sexual activities with one of the facility’s employees. Ms. Doe suffered severe emotional distress as a result.

The family of Ms. Doe claimed that the residential treatment facility was responsible for its employee’s manipulation and sexual exploitation of Ms. Doe.

December 27, 2013

Nursing Home Residents and Families Must Be Alert to Medications Given to Residents

by Robert Kreisman

Nursing home residents often develop pneumonia. Pneumonia is a common infection that is too often deadly in the elderly. Pneumonia is just one of the many medical ailments that afflict nursing home residents. Family practice physicians taking care of elderly residents often prescribe a variety of different medications with different dosages.

Administrations of medication is the responsibility of the nursing home and its personnel. Frequently, the medication prescribed is not given in the correct dosages, which can be harmful or deadly to residents. Some residents can develop toxicity symptoms from overdosing with prescribed medication. The overdosing of prescription medicine can lead to side effects such as shortness of breath, other complications and even death.

Nursing home residents and families must be aware of all medication prescribed to the resident. To double check what nursing home personnel is prescribing, it would be appropriate to ask if the medicine given is correctly dosed. That question should be posed often, especially if family members notice a change in dosage or in the medication itself.