New York Nursing Home Settles Case For $190,000 After Resident Suffocates

An upstate New York skilled nursing facility, Champlain Valley Physicians Hospital Medical Center, agreed to pay $190,000 to the family of a resident who suffocated in her bed. The family of Lottie D’Aust filed the nursing home neglect lawsuit after Ms. D’Aust died after becoming trapped between a bed rail and her mattress.

At trial, the plaintiffs’ experts argued that there was no need to have railings on D’Aust’s bed and that the facility was negligent in failing to utilize a bed alarm that would have allowed D’Aust to summon help. The defense contended that the bed met FDA guidelines and that monitors often cause more problems than they solve. The matter settled for $190,000 during jury deliberations.


Verdictsearch, April 29, 2010.

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