Public Settlement $3.5 Million Estate of Charles Bradley v. Sun Healthcare Group, Inc., et al, Washington State, Snohomish County Case No. 09-2-09755-9In March 2008, Mr. Bradley was taken emergently to the hospital for what was a presumed diagnosis of pneumonia. While in the hospital, the emergency room physicians noted the smell of rotting flesh and realized that Mr. Bradley’s entire penis and portions of his scrotum were missing. Later in that hospitalization, Mr. Bradley was diagnosed with a rare, but 95% curable form of penile cancer. Upon investigation, it was determined that several nurses, including Mr. Bradley’s case manager, were well aware that he was spotting blood in his incontinent brief six to eight months prior to his hospitalization. The nursing home had changed Mr. Bradley’s adult incontinence pad over 300 times in the months before his admission to the hospital. At no time was Mr. Bradley’s son or his doctor told about the known deteriorating condition. Unfortunately, Mr. Bradley passed as a direct and proximate result of the Defendants’ negligence. A public settlement was reached days before the trial was to begin.
Long Term Care Settlement $2.75 Million John Doe vs. ABC Nursing Home Mr. Doe lost nearly 40lbs in three months and was allowed to develop numerous decubitis ulcers leading to hospitalization.
Approval of $2.75 million settlement Eau Claire County Case No. 2005-CV-43 Donald Burdick was a resident of Lakeside Rehabilitation in Chippewa Falls, Wisconsin. He was allowed to lose nearly 30% of his body weight, was neglected and sustained numerous life-threatening and avoidable bed sores. This is the largest publicly recorded nursing home settlement found in the state of Wisconsin.
Public Settlement: $2.26 million Estate of Cynthia Wilms v. Extendicare Health Services, Inc., et al, Dane County Case No.: 09-CV-1602Cynthia Wilms was an independent woman in her 70’s living in with her husband when she chose to have elective hip replacement surgery. She was discharged from the hospital to the Willows Nursing and Rehabilitation for a short term rehabilitation stay. Her surgical wound began to weep, drain and ooze so significantly, that her family members took her undergarments and nightgown home every day to wash. The nursing staff was notified by the family of the drainage and although nursing notes reflected that the doctor was to be called, no doctor was called for weeks. By the time Cynthia was taken by her husband to the emergency room, her infection had progressed so significantly that she was unable to recover in the hospital and died. She suffered from the most common type of post-surgical infection, which is 95% curable – if treated timely. The Estate was ready and able to prove at trial that understaffing, a significant state survey history and a failure by the corporation to supervise its nurses and nursing assistants caused Mrs. Wilms’ death. A public settlement was reached one week before trial.
Verdict / Satisfaction of Judgment: $1.265 million Estate of Winnie Turner v. North Haven of Stevens Point, Inc., et al, Portage County Case No.: 06-CV-63North Crest Assisted Living Facility accepted Winnie Turner, for admission, following a stroke and recent hip replacement. The assisted living facility ignored and failed to get all of the discharge paperwork from the previous nursing home for Mr. Turner. In the last six weeks at the nursing home, Mr. Turner had been dependent on two individuals for all activities of daily living, including maximum assistance with any movement and a 4-point walker and assistance of an aide. The assisted living facility evaluated Mr. Turner as “independent,” on his day of admission. He was left alone and predictably on the first day he fell while trying to transport himself to the bathroom. The assisted living facility did not contact the primary care physician, or family and did not change his care plan or provide any other assistance. Only a day later Mr. Turner suffered another fall when he was left alone during a fire in the building. Mr. Turner was left alone to fend for himself in the middle of the night during a fire in which the smoke filled the building. Predictably, Mr. Turner fell and re-fractured his hip. Unfortunately, Mr. Turner was hospitalized for a period of three weeks and suffered predictable and preventable illnesses, which caused his death.The jury returned a unanimous verdict with a note to the trial court judge indicating that the facility intentionally disregarded the rights of Mr. Turner, and requested that the facility be, “monitored by the State,” for all new admissions.