Below are representative examples of the wide range of nursing home and daycare center abuse and neglect cases which we have handled for our clients. Due to confidentiality agreements requested by the defendants and their insurers, and to protect the privacy concerns of our clients, the names of the parties and compensation amounts have been withheld.
We secured a substantial recovery in a lawsuit against the corporate operator of nursing home. The family of the deceased resident successfully contended that the facility had neglected the elderly patient, allowing her to wander outside of the facility. While outside, the resident was knocked down and sustained a head injury which led to her death. The value of this case was enhanced considerably by our ability to show that the corporate owner of the nursing home spent lavish sums to accommodate its executives, while apparently cutting corners on providing for security and patient safety.
In another case, we represented the family of a 77-year-old Clay County, Georgia man who died from choking on food at a nursing home. Again, careful and exhaustive investigation by our firm revealed that the nursing home staff failed to give him a ground meat diet. Instead they provided him a diet that included chunks of meat and they further left him unattended. What was particularly aggravating about the case is that the need for ground meat diet had been caused by a jaw injury that occurred when our clients' father fell. We showed that the nursing home allowed the fall to occur in not following fall prevention protocols and that they then caused his death due to their failure to provide him the correct therapeutic diet for his fall related injuries. The nursing home argued that the man's underlying health contributed, but we used his underlying health status to show that additional care was required by a nursing home that advertised itself as a caring facility that would surpass all expectations. A substantial confidential settlement was obtained.
We have also obtained favorable results in multiple cases involving hip fractures sustained by residents of nursing homes. These cases all involved the nursing homes' failure to follow proper procedures for fall precautions. In many of these cases, our clients were able to show that the facilities repeatedly failed to properly assess the resident, and even though they knew the residents were at risk for falling, the nursing homes failed to implement appropriate interventions or approaches to try to prevent falls.
A fair recovery was obtained in a lawsuit against a daycare center for negligent hiring and retaining a "teacher" who improperly "disciplined" a two year old child. There were no witnesses to the incident and the "teacher" denied any contact. However, the bruising to the child was consistent with the outline of a human hand, and the daycare director admitted during cross-examination, that she felt the "teacher" was capable of such conduct. All other explanations for the bruising were eliminated.
We successfully represented the parents of a five-month-old infant, who was found dead on his stomach in his crib at the defendant's daycare facility. The parents had given the daycare center specific instructions to always place the baby on his back while sleeping in accordance with the "Back to Sleep" campaign recommended by the American Academy of Pediatrics. This recommendation had been made in order to reduce the risk of Sudden Infant Death Syndrome (SIDS). A new employee, who was not properly trained, failed to follow these instructions and, as a result, the infant died due to SIDS. The lawsuit in Gwinnett County, Georgia alleged that the defendant day care violated the Rules and Regulations for Daycare Centers by failing to follow the parents' specific instructions regarding the care of their child. The case was resolved at mediation with a fair settlement for the wrongful death of the baby.
A woman's homeowner's insurance carrier paid out its policy limits in a case where her husband had sexually abused his 5-year-old step-granddaughter at their house while the grandmother was baby-sitting. It was shown that the grandmother had knowledge of prior similar incidents involving her husband and allegations of sexual abuse, yet she still allowed him to be alone with her young granddaughter. The defendant's insurance carrier filed a declaratory judgment action in which it argued that the insurance company did not have a duty to defend the grandmother because the claim arose out of an intentional act. After the court found that the defendant's insurer had a duty to defend the grandmother for the negligent supervision claim, the case was settled for the insurance policy limits.