Many residents move into nursing homes after suffering significant health complications or continue to experience long-term medical problems. Therefore, they often require constant care and medication. Unfortunately, nursing homes commonly commit errors when it comes to the administration of prescriptions medications by not giving it to them or giving them an incorrect dosage. Here some examples of settlements and verdicts from across Illinois that deal with patient injury and death related to errors made in the administration of medication by nursing home staff.
Valuing Nursing Home Medication Error Cases from a Settlement & Jury Verdict Perspective
Rosenfeld Injury Lawyers LLC represents families in nursing home negligence cases. If you have a situation involving a medication error or other type of mistreatment, we invite you to contact our office for a free review of your situation by an experienced attorney. We are committed to holding facilities accountable for medication error cases and will fight to get you the maximum settlement you are entitled to under the law.
AMOUNT: $765,000 SETTLEMENT
The victim in this case was a 79-year-old woman who moved to a nursing home for a temporary duration in order for dialysis treatment. According to the allegations of her representatives, the nursing home staff performed the procedure in the wrong area of her body. This led to excessive bleeding, infection, swelling, an inability to speak, and her eventual death just a few weeks later. The lawsuit claimed that the Illinois nursing home should have maintained better policies, procedures, and supervision. It sought compensation related to medical bills, pain and suffering, and wrongful death. However, before the matter developed at court, all sides settled for $765,000. Of that amount, $725,000 was paid by the dialysis provider and $40,000 was paid by the nursing home.
AMOUNT: $700,000 SETTLEMENT
The nursing home resident in this case was a man in his mid-forties who suffered from serious cognitive impairments. As a result, he required considerable medical attention as well as a regimen of prescriptions. His lawyers argued that over a period of approximately two months he did not consistently receive his medications in addition to proper food, water, and bed sore treatments. In their opinion, this led to his death. They argued that the nursing home and his treating physician were responsible and should pay wrongful death damages to his next of kin. While denying all responsibility, the defendants convinced the plaintiffs to settle for $700,000. The defendant nursing home paid $600,000 and the defendant doctor paid $100,000.
CASE: AUGUSTINE VS. MORALES
AMOUNT: $1,800,000 SETTLEMENT
The patient in this dispute was experiencing prolong and significant back pain. To alleviate his suffering, his doctor prescribed him Methadone. Unfortunately, he was given too much and his levels were not properly monitored. Consequently, he died from an overdose. His wife and four children survived him. They sued the facility as well as the doctor for negligence and sought damages for burial expenses, medical expenses, wrongful death, loss of support, loss of companionship, and other related losses. They received $1,800,000 in a confidential settlement.
CASE: LIFONTI VS. WEDGEWOOD
AMOUNT: $1,410,586 JURY AWARD
An elderly woman died while in the care of a nursing home after its staff failed to medicate and monitor her. She had several cuts, broken bones, and sores that were ignored. The facility staff regularly did not giver her the prescriptions that she needed or perform various required procedures to lessen the seriousness of her multiple health issues. According to her representatives, these failures led to her death and they sought damages under the Illinois Nursing Home Care Act, Survival Act, and Wrongful Death Act. The jury returned a verdict in her favor in the amount of $1,410,586 for the following items:
- Pain and Suffering:
- Disability and Disfigurement:
- Medical Expenses:
- Funeral Expenses:
- Wrongful death:
CASE: WELLS VS. ALDEN
AMOUNT: $2,000,000 JURY AWARD
This controversy began when a man died while residing at a nursing home. The decedent left behind a wife and child. Apparently, while the staff tried to insert a G-Tube into his stomach, a complication known as peritonitis developed. This is an infection in the lining of the stomach wall. His representatives claimed that it killed him and sued the Illinois nursing home for damages under the Wrongful Death Act. They argued that the defendant facility and its staff lacked proper procedures and safeguards. Consequently, they did not give the patient the requisite level of care that he required. The defendants denied all wrongdoing and so the matter proceeded to trial. After deliberations, the jury awarded the decedent’s family $2,000,000. Of that amount, $1,500,000 was for loss of services and $500,000 was for pain and suffering.
CASE: ZAGAL VS. INDEPENDENCE PLUS
AMOUNT: $2,000,000 SETTLEMENT
Following a tracheostomy, an elderly woman had a cannula placed in her airway to support her breathing. She was then placed under the care of a nursing facility and assigned a registered nurse. One night while she was sleeping, her breathing tube came loose and the registered nurse was not present to assist her. She sustained anoxia as well as organ failure and died not long after the incident. Her estate sued the nursing home and the registered nurse for negligence and sought damages for wrongful death, medical expenses, and other related losses. Her family received a $2,000,000 settlement in a confidential agreement.
CASE: FRANCISCO VS. KOZENY
AMOUNT: $5,132,197 JURY AWARD
This tragic case initiated after a woman, Maria Francisco, died after she was admitted to an nursing facility. Her doctors prescribed her excessive amounts of Allopurinol and she developed several side effects including fever, renal failure, allergic reactions, liver failure. Eventually, she even died from the medication. Representatives of the woman sued the treating physicians as well as the facility itself. Their lawsuit alleged that the defendants failed to obtain a proper medical history, monitor her condition, prescribe her appropriate levels of Allopurinol, and otherwise ensure her health. The defendants flatly denied that they were in any way responsible for her death and insisted upon the trial. After deliberations, they returned a verdict in the amount of $5,132,197 for the family.
Attorneys Committed to Getting You the Maximum Value For Your Illinois Nursing Home Medication Error Case
By law, the physician prescribing a medication for a nursing home patient must give specific orders regarding the dosage and frequency of dispensing. Unfortunately, many facilities fail to adhere to these instructions and patients wind up suffering. If you believe that your loved one was injured due to a medication error made by a nursing home we would like to speak with you concerning your legal rights. As with all of our nursing home negligence cases, we work on a contingency fee basis where there is never a legal fee charged unless we recover for you. Allow our team to get you the maximum value for your Illinois nursing home medication error case.