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Boller & Vaughan

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Boller & Vaughan

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605 W. Main Street
Madison, WI 53703
Fax: 608-268-2682
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Injury Lawyer

Eau Claire and Madison, Wisconsin Accident Attorney

Verdicts & Settlements

Public Settlement: $3.5 million
Estate of Charles Bradley v. Sun Healthcare Group, Inc., et al, Washington State, Snohomish County Case No. 09-2-09755-9
In 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 publically 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-1602
Cynthia 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-63
North 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 dependant 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.

Skilled Nursing Facility Agrees to Settle for $1.2 Million
Jane Doe vs. ABC Nursing Home Company
Nursing home agrees to pay $1.2 million for failing to adequately treat the resident following falls. Numerous falls culminated in fractured hips and failure to report to this resident’s primary care physician, which resulted in hospitalization, surgeries and death.

Nursing Home Recovery: $1,011,122.70
A nursing home abuse and neglect special verdict $1,011,122.70. Sixty-nine-year-old nursing home resident was noticed to have a cold, his primary care physician was contacted and ordered the nursing home to get him to the office the next day. Over a period of nine days, the nurses failed to get the plaintiff to his doctor, and the plaintiff became catastrophically ill. Finally, on the tenth day, he was admitted to a local hospital as a result of “panic-level” laboratory values. It was too late. The nursing home resident had a 30-day hospitalization and ultimately died. This verdict is the largest known nursing home abuse neglect verdict in the State of Wisconsin.

Settlement: $997,000.00
Estate of Jane Doe v. “Non-Profit Church-owned Nursing Home”
Our client, an 80 year old female had resided at the nursing home for only a few months, when it was discovered that she had developed severe and debilitating bedsores.  The facility, a church-run “non-profit organization,” had been issued Statements of Deficiencies, or violations of federal and state law, with the most severe scope for each of the two years preceding our client’s admission.  The “Immediate Jeopardy” citations were for failure to prevent avoidable bedsores/pressure ulcers.  Unfortunately, our client, succumbed to her wounds, and died of sepsis caused by the wound infections.

IV District Court of Appeals Affirms $880,000 Verdict
Appeal No. 2005AP1035
Wisconsin, IV District Court of Appeals affirms $880,000, verdict for the plaintiff. Plaintiff was allowed to become malnourished, dehydrated and his pneumonia went undetected by the nursing staff. Decision March 16, 2006.

Nursing Home Settlement: $875,000.00
A Wisconsin nursing home agrees to settle with John Doe’s estate for failure to provide treatment for the one week he was sent to the nursing home for rehabilitation. In less than 10 days the plaintiff was allowed to become so malnourished and dehydrated, that several of his treating physicians thought that he was as dehydrated as they had ever seen upon admission to the hospital. Unfortunately, the resident did not survive and died two days later after his final hospitalization.

Jury Verdict: $850,836.43
Estate of Secor, et al vs. Krause, Case No. 03CV70
Former city alderperson found negligent in caring for elderly neighbor, which lead to the decedent’s death by starvation. The jury awarded $250,000 for Mr. Secor’s pain and suffering, $500,000 punitive damages and $96,000 for items taken from the deceased as a result of making the frail elderly plaintiff create a Will under undue influence.

Infant Child Injured While at Daycare: $800,000+
The minor child plaintiff in this action was in a small home-like daycare setting. In the winter, he was left unattended and placed his hands on a fireplace glass door. He sustained serious and debilitating burns to both hands and a majority of his fingers. Multiple skin graphs will be needed throughout his childhood until he reaches maturity.

Auto Collision: $750,000 Settlement
The client sustained multiple fractures when a vehicle crossed the centerline, causing a head-on collision.

Nursing Home Agrees to Settle for $500,000
Meriter Retirement Services DBA Merriter Health Center agrees to pay a $500,000 offer to settle. A nursing home resident who was severely impaired was left alone on a commode, in the middle of the night and fell suffering head and neurological injures.

Nursing Home Recovery: $500,000
$500,000 settlement when a nursing home and physician failed to properly monitor maximum doses of medication resulting in the overdose and death of a nursing home resident.

Nursing Home Abuse Recovery: $200,000
$200,000 settlement. Nursing home nurses failed to inform two different doctors prescribing the similar drugs for the resident. The plaintiff, a resident of a local nursing home, was on high levels of anticoagulants. When her primary care doctor was out of town, the on-call physician was contacted regarding possible anticoagulation therapy. Unbeknownst to the on-call physician, the resident was already on huge doses of anticoagulants. The nursing home failed to inform the on-call doctor of the same. The on-call doctor then prescribed “loading doses” of another anticoagulant. Then, the resident had a fall and died of internal bleeding.

Legal Malpractice: $500,000 Settlement
A client was wrongfully sued and slandered by a husband-and-wife law firm. The defendants were then sued for, among other things, malpractice and recovery for the injured party.

Automobile Accident: $500,000
An eight-month pregnant woman was driving to work on a Wednesday morning when a 17-year old driver hit the plaintiff. The plaintiff’s child was delivered by emergency C-section. The child’s mother sustained serious injuries.

Home Explosion: $210,000 Settlement
The client suffered arm and hand burns when leaking propane fuel exploded at her home, while being serviced by the natural gas provider.

Dog Bite: $125,000 Settlement
The injured child was left with permanent scarring on her leg after an attack by a dog.