Nursing Home Abuse and Corporate Neglect
Our client, an 89-year old gentleman who lived in a nursing home due to dementia, died after being brutally beaten by his roommate in a nursing home. The attack took place within three days of the nursing home forcing our client to share a room with a dangerous man. This physical attack was foreseeable as the nursing home staff was aware of other instances of physical violence that the roommate had displayed toward staff and others, and more importantly, had been made aware of a threat made by the roommate against our client within 24-48 hours of the assault, yet no preventative actions were taken. The roommate suffered from a serious mental illness that resulted in aggressive and violent behaviors towards others, and was difficult to control. Despite this knowledge, the nursing home allowed the dangerous resident to reside in the nursing home without proper supervision and care, and failed to protect others, including our client, from abuse. Through extensive discovery, Carma Henson, Rachel Fuerst and Thomas Henson established that these failures were a direct result of negligent management and control exacted by the parent corporation. The parent corporation established and enforced unsafe budgets at the nursing home that required the nursing home to understaff the facility while at the same time requiring them to admit residents that they were incapable of properly caring for in order to generate a large profit. In addition to claims of abuse and neglect, this lawsuit included claims of administrative and corporate negligence, as well as punitive damages. The name of the parties, the defense lawyers, the insurance carriers and the location of the lawsuit are confidential.
The case was defended by defense counsel representing the defendants and their insurance carrier. The settlement was reached after suit was filed, depositions were taken, a mediated settlement conference, and shortly before trial was scheduled to begin. The settlement amount was fully collectible.