On April 17, 2019, after two hours of jury deliberations, a Staten Island, New York jury hearing a nursing home negligence lawsuit involving a resident’s hip fracture resulting from a fall from his wheelchair determined that the defendant nursing home was negligent and awarded $6 million in compensatory damages. The resident spent the last three years of his life confined to a wheelchair due to his hip fracture.
The man was 84-years-old when he fell at home on April 1, 2011. He was taken to the hospital two days after his fall at which time a fracture in his back was diagnosed. On April 6, 2011, the man fell out of bed while in the hospital, but did not complain of any pain after his fall although his hip was mentioned in his hospital records.
On April 7, 2011, the man was discharged from the hospital to the defendant nursing home, where it was anticipated he would receive rehabilitation services for three to four weeks and then return home in an ambulatory condition.
On April 14, 2011, the man attempted to stand up from his wheelchair while in the defendant nursing home and fell to the floor, after which he was found to have a left hip fracture and was transferred to the hospital. He had left hip partial replacement surgery on April 15, 2011. On April 26, 2011, the man was transferred back to the defendant nursing home, where he remained, confined to a wheelchair due to his hip fracture, until his death on March 22, 2014, at age 87.
The man’s wife subsequently filed her New York nursing home negligence lawsuit, alleging that the defendant nursing home was negligent in failing to prevent her husband from falling from his wheelchair by using a seat belt, restraining belt, or table tray. The nursing home lawsuit also alleged that the defendant nursing home failed to have sufficient staff on duty at the time the man fell and that he was not properly supervised.
The defense argued that the man’s hip fracture occurred at the time he fell from his bed in the hospital on April 6, 2011.
The New York nursing home negligence trial began on April 11, 2019 and concluded with the jury’s unanimous verdict in favor of the plaintiff on April 17, 2019. After the jury rendered its $6 million verdict, the plaintiff’s New York nursing home negligence lawyer stated, “It made the last three years of his life very difficult. It stole time from his wife and family.”
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in New York or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
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