Results From Madison Law Firm Boller & Vaughan

  • Largest Assisted Living Verdict in the History of Wisconsin
    Case No.: 12-CV-178
    A Dunn County jury in Menomonee, Wisconsin included in their verdict $3,546,777.74 for a man in a Community Based Residential Facility who was allowed to develop pressure sores, not taken to the Emergency Room for nearly one month, and suffered permanent damage from the bed sores. The jury included over $2.5 million in punitive damages for the corporation’s intentional disregard. This is the largest reported verdict in a CBRF case in Dunn County and the State of Wisconsin
  • Assisted living facility judgment entered for $4.2 million
    Joshua Wahl vs. Aurora Residential Alternatives, Aurora Community Services and Aurora Integrated Management.
    Joshua Wahl was a 34 year old, developmentally and mentally disabled individual who was living in Aurora Community Services assisted living facility. He was neglected and ultimately hospitalized for injuries related to Aurora’s neglect. Because Joshua was entitled to Resident Rights under the Mental Health Act, in addition to the verdict, judgment was entered for all costs and attorneys fees totaling $4.2 million.
  • Washington State Supreme Court rules 9-0 in favor of vulnerable adult
    Ho Im Bae vs. Lakeside Adult Family Home and Alpha Nursing, Inc., Cause No.: 12-2-02-012-2
    The Supreme Court of Washington ruled in a unanimously that a visiting nurse working for Alpha Nursing Services had an affirmative obligation to report abuse and neglect where it was witnessed, even though the nursing service did not directly care for the resident. Ho Im Bae was a resident at Lakeside who appeared to be asleep and was dragged through the kitchen by her arms with her feet dragging behind her. Alpha nurses, who did not care for Ms. Bae, witnessed her being dragged through the kitchen unconscious and the next day witnessed her fall to the ground and lose consciousness, which resulted in massive bruising to her head and face. Within days, Ho Im Bae died as a result of a morphine overdose. Ms. Bae was not prescribed any morphine. Ms. Bae was purposely given another resident’s morphine to chemically restrain her at the facility. The Supreme Court of Washington ruled that even though Alpha Nursing did not care for Ms. Bae directly, that under the Vulnerable Adult Statute in the State of Washington that they were mandatory reporters and did not do so. As a result of the Supreme Court’s ruling, the defendants settled for multi-millions.
  • 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.
  • Auto Accident – Verdict
    An auto accident left our client with a permanent disability, including functional limitations in his hand. He was forced to leave his job. The case went to trial and the jury returned a verdict more than 15 times the amount of the insurance company’s pre-trial offer to settle.
  • Auto Accident – Settlement $1 Million +
    Our client was rear-ended while stopped in traffic.  His injuries left him paraplegic and confined to a wheelchair.  The case was settled prior to trial for over $1,000,000.00.
  • Auto Accident – Wrongful Death – Settlement $1 Million +
    Our client and his son were traveling on a two-lane highway when another vehicle crossed the center-line and hit our clients’ vehicle head-on. Our client suffered broken bones and internal injuries and died before he made it to the hospital. The teenage son suffered an injury to his leg. The cases were settled prior to trial for more than $1,000,000.00.
  • 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 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-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 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.

Testimonials

I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!

Ryan M.

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