A nursing home in Ohio has agreed to pay $375,000 to the family of an 83-year-old resident who died after she received 20 times more oxycodone than was ordered by her doctor, to settle the nursing home negligence claims. The woman died on July 7, 2015 after she received 500 mg of oxycodone over the period of nearly twelve hours.
The nursing home resident had 21 grandchildren and 10 great-grandchildren at the time of her death. She had owned her own interior design business before retiring at the age of 70. When she needed nursing home care due to her Alzheimer’s disease, she became a resident of the defendant Ohio nursing home in May 2014. She was moved to the defendant nursing home’s hospice care a little more than one year later.
When the woman began suffering from pneumonia in late June 2015, her doctor ordered that she be administered antibiotics, and later ordered that she be given 5 milligrams of oxycodone by mouth every four hours for pain. On July 6 and July 7, 2015, the defendant nursing home nurses gave the woman 100 milligrams of oxycodone in each of five individual dosages. She died as a result.
If the proposed settlement of the Ohio nursing home negligence case is approved by the appropriate court, the plaintiffs’ attorneys will have to negotiate with the Ohio Department of Medicaid with regard to the $54,987 it is seeking from the settlement proceeds for what it claims are the medical expenses it paid as a result of the Ohio nursing home’s negligence. The woman’s six children are expected to receive at least $27,705 each from the settlement proceeds, and the nursing home claim lawyers are expected to receive $150,000 as their attorneys fees and reimbursement for the litigation expenses that they advanced in the amount of $3,778.
An investigation into the resident’s death by the Ohio Department of Health determined that the nurses had given the woman doses from a higher-concentration solution that they failed to properly dilute. A CMS report stated, “Facility nurses failed to check liquid medication labels to determine the correct dose prior to administering narcotic medication.” The defendant nursing home was reportedly fined $9,620 due to the woman’s death.
The CMS Summary Of Deficiencies with regard to the incident stated, in part: “Based on closed medical record review, medication administration procedure review, Medication Error/Narcotic Discrepancy form review and staff interviews, the facility failed to ensure a resident received the correct amount of the pain medication liquid [MEDICATION NAME] as ordered by the physician. Facility nurses failed to check liquid [MEDICATION NAME] medication labels to determine the correct dose prior to administering narcotic medication which resulted in Immediate Jeopardy for Resident #143, who required [MEDICATION NAME] for pain management. Resident #143 received five 100 milligram (mg) doses of [MEDICATION NAME] instead of the ordered 5 mg dose of [MEDICATION NAME] between [DATE] and [DATE]. Resident #143 expired in the facility on [DATE] at 12:20 P.M. This affected one of three residents reviewed for death. The facility census was 142. The Administrator and Director of Nursing (DON) were notified on [DATE] at 3:12 P.M. that Immediate Jeopardy began on [DATE] at 5:30 P.M., when Licensed Practical Nurse (LPN) #11 administered 100 milligrams (mg) of [MEDICATION NAME] Concentrated Solution orally to Resident #143 instead of the ordered dose of 5 mg. Resident #143 received four more doses of 100 mg of [MEDICATION NAME] on [DATE] and [DATE]. The medication error was discovered on [DATE] at 7:30 A.M.”
If you or a loved one suffered harm while a resident of a nursing home in Ohio or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or resident on resident abuse, you should promptly find a local nursing home claim attorney in your U.S. state who may investigate your nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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