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Public Settlement: $2.26 Million

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.