Nursing Home Neglect Lawsuits
$1.875 Million – Ant Bites Cause Death
The decedent was a 73-year-old retired postal employee who was admitted to Mariner Healthcare of Atlantic Shores Nursing Home for rehabilitation following complications from a cervical surgery. While sleeping in his bed at the nursing home, the decedent was attacked by fire ants and stung repeatedly on various parts of his body. The fire ant attack caused the decedent to suffer from anaphylactic shock which ultimately resulted in his death the next day. The decedent’s surviving spouse retained Nance Cacciatore to represent her for the wrongful death of her husband.
During the discovery phase of this case, Mr. Barger discovered that the defendant nursing home had a known on-going fire ant problem for a period of years which intensified into a significant infestation in the months immediately prior to the fire ant attack. The nursing home had been advised by its pest control company it had under contract to increase the pest control activities and/or alter the pest control program in order to combat and control fire ants. The nursing home, however, made an affirmative decision not to do so because they did not want to incur any additional expense associated with the increased service.
The defendants denied responsibility for decedent’s death and argued that the anaphylactic reaction had ended and completely resolved before the decedent died.
This recovery did not include punitive damages as Mariner Healthcare of Atlantic Shores had filed for Chapter 11 bankruptcy protection and punitive damages were prohibited as a result of an order entered in the bankruptcy case.
Prior to trial, Chip Barger recovered $1,875,000 for his client in this case.
Confidential Settlement – Nursing Home Neglect
A local nursing home failed to provide adequate and appropriate healthcare and protective and support services to an elderly resident who suffered from Alzheimer and was known to be at a high risk for falls. In the course of litigation, it was shown that this nursing home resident had sustained numerous prior falls that had been both documented and undocumented. The nursing home failed to take proper and appropriate steps to protect this nursing home resident from falls and to prevent the incidents from occurring. The nursing home further failed to properly assess and treat the resident for a serious injury to her left leg. The left leg injury, which was finally assessed and treated after numerous failed attempts by the resident’s daughter to get the nursing home staff to provide care and treatment for the resident, turned out to be a distal left femur fracture.
Charles G. Barger, Jr., represented Plaintiff in this case brought against the nursing home for failure to properly supervise and protect the nursing home resident as well as for the failure to properly diagnose and treat this obvious injury. A settlement was reached in this case for an undisclosed amount prior to trial.
Confidential Settlement – Nursing Home Negligence
The Plaintiff, who suffered from quadruapliga from a prior incident, was admitted to a full service nursing home facility. While a resident of the nursing home, the Plaintiff developed a severe Class IV decubitus ulcer in the right ischial area due to the nursing home staff’s failure to properly turn and/or alter the Plaintiff’s body position. As a result of this lack of care, the Plaintiff required surgical debridement of the decubitus ulcer as well as a flap reconstruction surgery. The Plaintiff did have a known history of prior development of pressure ulcers and flap reconstructions.
The case settled for an undisclosed amount prior to trial.