$210,000 Settlement for Failure to Prevent Falls in Nursing Home, Assisted Living, Wrongful Death

Sarah Fortner suffered from dementia, osteoporosis, and had other health problems. She lived at the Carolina Gardens at Lexington Assisted Living Facilities. Over a 5-year period, she fell several times. She suffered various injuries including a fractured arm, a skin tear, a forehead hematoma and a fractured femur. After her last fall, she passed away.

The family and the estate of Fortner sued the facility’s licensees, owners, managers and operators, alleging negligence; negligence per se; negligent hiring, training and supervision; and breach of fiduciary duty.

The Fortner estate claimed that the defendants had chosen not to prevent Fortner’s falls or determine the root cause of these falls. In addition, the lawsuit alleged that the defendant nursing home owners, operators, managers had failed to provide supervised care and properly train its staff.

Before trial, the parties settled for the sum of $210,000.

The attorney representing the Fortner family and estate was Bradley D. Hewett.

Chinners v. Formation Capital, LLC, No. 2018-CP-32-03987 (S.C. CP. Com. Cl. Lexington County).

Kreisman Law Offices has been handling nursing home abuse lawsuits, nursing home fall cases and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Palatine, Buffalo Grove, Long Grove, Northbrook, Glencoe, Des Plaines, Franklin Park, Westchester, Berwyn, Blue Island, Oak Forest, Orland Park, Naperville, Chicago (Little Village, Logan Square, West Town, Humboldt Park, Chinatown, South Loop, Austin, Bronzeville), Schiller Park, Bensenville, Itasca, Elk Grove Village and Lombard, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.