A Bronx, New York nursing home settled a matter with one of our clients for $150,000. In sum, this claim involved two falls suffered by an eighty-two year-old resident that resulted in a fractured left humerus and a left parietal temporal intraparenchymal hemorrhage (bleed in the brain). Surgery was not required as a result of either injury.
With respect to the first fall, it became apparent that the wheels of the resident’s wheelchair were not in the locked position while in the Dining Room. As a result, she was able to maneuver away from the table in the Main Dining Room, stand up, and attempt to walk. In addition, despite a previous fall, various other risk factors present, and requests of the family, a chair alarm was not in place at the time of the fall.
The second fall with injury occurred when the resident was left unattended in the lounge area. The family had requested that the resident be assessed for a lap belt (restraint), but unfortunately this was not performed before the fall. Gallivan & Gallivanrepresented the resident and her family. The family decided to settle the matter pre-suit in order for their mother to benefit from the proceeds of the settlement during her lifetime.