In this case, the plaintiff, Merton Messmore, brought a wrongful-death claim against the nursing home in Silvis, Ill., which is about 161 miles west of Chicago. Messmore’s wife, Mary, died after she allegedly fell. The Illinois Appellate Court called this case “a unique situation” about a stay under Section 2(d)…
Articles Posted in Wrongful Death
State Supreme Court Affirms Dismissal of Assisted Living Negligence Lawsuit Based on Two-Year Statute of Limitations
A Mississippi Appellate Court has held that the two-year statute of limitations for the wrongful death of Sanders Hopkins Sr. was the basis for the dismissal from the lawsuit brought by Hopkins’ son. Hopkins Sr. lived in the Biloxi Community Living Center (CLC), an assisted living facility. He who used…
Nursing Home’s License Suspended After Nine Patients Died
The aftermath of Hurricane Irma was responsible for knocking out the air-conditioning at a Florida nursing home. As of Sept. 13, 2017, eight patients at that facility had died related to the heat and humidity when temperatures were extremely high. In fact, the state said four of the deceased nursing…
Nursing Home Wrongful Death Case Allowed to Continue in Spite of Arbitration Clause
The family of Lola Norton, deceased brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which Bernard Norton’s wife, Lola died. Bernard and family claimed that negligent treatment caused Lola’s death. The the nursing home defendants filed a motion to dismiss…
Appellate Court Finds Nursing Home Cannot Force Arbitration in Wrongful Death Claim
An Ohio Appellate Court has held that an arbitration agreement signed by the son of a resident at the time of the father’s admission to a nursing home did not justify compelled arbitration. Marcus Vickers signed an arbitration agreement when his father, Jack Johnson, was admitted to the Canal Pointe…
$586,600 Arbitrator Award in Assisted Living Facility Injury and Death Case
Violet Moseson, a 97-year-old resident of an assisted living facility, was mandated to be checked on every morning. The facility was to perform safety checks each morning for this resident and others. At the time of this occurrence, the electronic system through which the facility was supposed to communicate with…
$325,000 Settlement Reached in the Death of a Nursing Home Resident Caused by an Inadequate Transfer
Ms. Doe, 78, suffered from blindness and mild dementia. Her nursing home care plan called for her to receive assistance from at least two people during any type of physical transfer. This would mean transfer from her bed or transfer from a chair or a transfer from her wheelchair. Nonetheless,…
Nursing Home Resident Dies After Suffering Several Untreated Illnesses – Jury Enters Verdict for $5.56 Million
Sophia Alcon, 77, was admitted to Life Care Center of Pueblo, a skilled nursing facility. During the 7 months that she remained there, she suffered various injuries and illnesses, including urinary tract infections, bed sores, dehydration, malnutrition, pain, renal failure and aspiration pneumonia. She was brought to a nearby hospital…
Confidential Settlement Reached in Assisted Living Resident’s Fall, Resulting in Injuries and Death
Ms. Doe, 82, lived at an assisted living facility. While she was there she fell, suffering a neck fracture and a myocardial infarction. In other words, not only did she sustain a fractured neck but she had a heart attack as well. Ms. Doe died two hours later. She was…
Jury Enters $16.73 Million for Family Injured by Nursing Home Employee Sent Home Intoxicated
Samuel Dale Graham was driving his SUV; his wife, Sharla Kay, and their two children were passengers. Another motorist, Alisa Prueitt, drove off the road, over-corrected and struck the Graham SUV, which rolled over. Samuel, 37 at the time, suffered fatal blunt-force trauma injuries and died at the scene. At…