$700,000 Jury Verdict in Nursing Home Fall Case Caused by Negligent Hiring of Aide

A nursing home resident, Verna Kelley, suffered from dementia and other medical issues including incontinence. She required special care and was living at Edgewood Convalescent Home. While a nurse’s aide was taking care of her and while the nursing aide placed a pad underneath Kelley, the aide went around to the other side of the bed, where the bed rails were left opened. The aide grabbed the pad, which had become stuck, and this caused Kelley to roll out of bed.

Kelley suffered a broken right femur and underwent surgery. She then suffered a stroke, which led to her death just two weeks later. She was survived by her six adult children.

The Kelley family sued the nursing home, alleging negligent hiring of the aide, who, the Kelley family claimed, had been fired from a previous job for performing an unsafe Hoyer lift.

The Kelley family contended that the aide should have had a second person present while attending to Kelley and also should have placed the side rail up or in a safe position to avoid the fall.

After a jury trial, the jury signed a verdict for $700,000 in favor of the Kelley family for the wrongful death of their mother.

The attorneys successfully handling this case were Pressley W. Henningsen and Benjamin Long.

Kelley v. Edgewood Convalescent Home, Inc., No. 01281 LACV 008302 (Iowa Dist. Ct. Delaware County, Nov. 19, 2019).

Kreisman Law Offices has been handling nursing home negligence lawsuits, nursing home fall lawsuits and medical negligence 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 Downers Grove, Palos Hills, Palatine, Harvey, South Holland, Blue Island, Calumet City, Tinley Park, Park Forest, Park Ridge, Chicago (West Rogers Park, East Garfield Park, Wicker Park, Logan Square, Uptown, Bronzeville, Hyde Park, Wrigleyville, Chinatown, West Loop, Pilsen, Pullman, Back of the Yards, Little Italy), Deerfield, Wheeling, Waukegan, Joliet, Romeoville, Gurnee, Lake Zurich, Wheaton, Hinsdale, and Long Grove, Ill.

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