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ARTICLE ID 162020
$________ - FAILURE OF NURSING HOME
FACILITY TO PROPERLY MONITOR 36-YEAR-OLD WITH TRAUMATIC BRAIN INJURY WHO DIES AFTER INGESTING FOREIGN OBJECTS INCLUDING CATSUP PACKETS, PAPER TOWELING, CANDY WRAPPERS AND PLASTIC BAGS - $________ IN PUNITIVE DAMAGES.
Maricopa
In this matter, the plaintiff alleged that the defendant
nursing home was negligent in monitoring the decedent which
resulted in his death from ingesting foreign objects. The
defendant denied the allegations of negligence.
The 36-year-old male decedent sustained a traumatic brain injury
as a result of an automobile accident in ________. On April 7, ________,
the decedents wife placed the decedent in the defendant nursing
home facility. The wife chose the facility because it touted 24-
hour supervision of its residents. The wife advised the defendant
facility that three weeks prior to the admission date, the
decedent had ingested five cracker packages with the wrappers.
The plaintiff alleged that the defendant was aware of the
decedents propensity to ingest foreign objects and failed to
take appropriate action to properly monitor the decedent to make
sure that he was not ingesting any foreign objects.
Shortly after his admission, the decedent was found to have been
drinking his own urine, but the defendant failed to take any
action to modify the decedents service plan. Two days after a
change of ownership at the facility, the wife received a call
advising that her husband, the decedent, had been vomiting. She
brought her husband home from the facility and gave him a bath at
which time he began vomiting a black substance and died in her
arms.
The autopsy report indicated that the decedents cause of death
was ingestion of foreign objects within 24 hours of his death,
combined with mechanical obstruction of the GI tract due to the
presence of foreign objects. The plaintiff brought suit, alleging
that the defendant facility was negligent in failing to properly
monitor the decedent in light of his propensity to ingest foreign
objects and his past history.
The defendant denied the allegations and disputed the plaintiffs
allegations of negligence. The defendant was unable, however, to
present the decedents caregiver and his entries were missing
from the decedents file.
The matter was tried. At the conclusion of the trial, the jury
returned a verdict in favor of the plaintiff and against the
defendant. The jury awarded the plaintiff the sum of $________,
consisting of $________ for abuse and neglect under Arizona law,
$________ for the plaintiffs wife for wrongful death and
$________ in punitive damages.
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- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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