Nursing Home Negligence, Wrongful Death
Our client, an 87-year-old nursing home resident, died after choking on a peanut butter sandwich. The nursing home was aware that our client suffered from dementia and was at high risk for choking. She was a voracious eater and suffered from dysphagia—or difficulty swallowing. In the lawsuit, Henson Fuerst Nursing Home Abuse lawyers alleged that the nursing staff violated our client’s care plan when they left her alone to eat.
The housekeeper who discovered our client while she was choking had not been trained to administer the Heimlich maneuver. She did not attempt to help because she believed the nursing home prohibited her from touching the resident. A nurse who came to our client’s aid also failed to perform the Heimlich maneuver. Instead, she attempted to suction the food out of our client, which pushed the obstruction further down her throat.
Numerous medical, nursing, and forensic experts were retained to prove liability and damages in the case.
The case, which took nearly six years to resolve, was vigorously disputed by an insurance company and a number of defense lawyers who routinely defend nursing homes. A settlement was reached in 2012, one week after mediation, and it was fully collectible.