Nursing home patients are at risk for becoming victims of sexual assault perpetrated by: staff, visitors and other residents. The majority of these incidents are preventable when facilities implement safeguards to protect their patients from harm. When a skilled nursing facility fails to safeguard their patients, and an episode of sexual assault occurs, the facility may be held accountable by filing a claim for damages under negligence law. The following cases focus on sexual abuse in nursing homes from the perspective of case valuation while we review case settlements and jury verdicts involving these disturbing acts.Valuing Nursing Home Sexual Assault Cases from a Settlement & Jury Verdict Perspective
If your family member or loved one was the victim of a sexual assault while admitted to a nursing home, we invite you to contact our office for a complimentary and confidential review of your legal rights. Our nursing home abuse attorneys are committed to holding facilities accountable in order to get you the maximum value for your case.
CASE NAME: ADAM VS. BON SECOURS NURSING CARE CENTER
AMOUNT: $240,000 JURY AWARD
The victim in this case was 84 years old. She was sexually assaulted by one of the staff members of the nursing home that she lived at. The woman sustained a neck sprain, leg injuries, and severe emotional stress from the incident. She sued the facility for negligence to recover for the pain and suffering that it caused her. The complaint stated that the defendant nursing home failed to secure adequate supervision and protection for its residents. Responding to these allegations, the defendant retorted that it was not responsible and that the woman’s injuries came from something else but from what, it could not say. The jury awarded the woman $240,000.
CASE NAME: YOUNG VS. K.B. HEALTHCARE
This nursing home dispute focused on the rape of an elderly resident who suffered from Alzheimer’s. The perpetrator was a middle-aged man who was recently hired to work in the laundry room. After he raped the woman, the police quickly arrested him. The victim quickly retained counsel. Through her attorney, she claimed that the nursing home was liable for her damages because of its negligent hiring and supervision of the man. The defendant facility must have believed that the man’s arrest and conviction was a fait accompli for them so they promptly sent a settlement offer. She received $89,800.
CASE NAME: CONFIDENTIAL
AMOUNT: $500,000 SETTLEMENT
This matter was a rather bizarre and completely avoidable incident. A 52-year-old nursing home patient was raped by one of the janitorial staff of the nursing home facility in which she lived. The man was actually a registered sex offender. The woman sued the facility and alleged that it had a duty to protect all residents from sexual assaults and to separate them from sex offenders. Furthermore, she claimed that the assaulted worsened her schizophrenia (a condition that she had been suffering from for decades) and also damaged her in other ways. The defendant denied that it was responsible or that it had an affirmative duty to ensure sex offenders did not work on its premises. Prior to trial, both sides reached an agreement to settle for $500,000.
CASE NAME: WOLTER VS. RIVER VALLEY SUPPORT LIVING RESIDENCE
AMOUNT: $504,152 SETTLEMENT
Here, a man in his early twenties raped a woman in her early nineties. The latter was a resident of the nursing home where the former worked. She received multiple injuries to her arms, back, and face. She sued the rapist and the nursing home. Her lawsuit alleged that the facility acted recklessly and wantonly and, therefore, was liable for the injuries that its employee inflicted upon her. The defendant denied that it could be held responsible for the intentional torts of others even if they were its employees. However, fearful of a sympathetic jury, it offered what it thought was a generous settlement amount and the woman accepted: $504,152.
CASE NAME: BANNING VS. SOUTHWOOD NURSING CENTER
AMOUNT: $750,000 JURY AWARD
This case involved the alleged raping of one nursing home resident by another. However, the woman apparently slept through the incident and, when examined, did not present any evidence or signs of rape. Furthermore, the alleged rapist was supposedly wheelchair bound. Through counsel, she sued the nursing home for negligently fostering an environment that allowed this to happen. She refused the defendant’s settlement offer of $75,000 and took the case to trial where, fortunately for her, the jury believed her story and awarded her $750,000.
CASE NAME: SERSEN VS. FOSS
AMOUNT: $475,000 SETTLEMENT
A woman sued a nursing home after one of its employees attempted to rape her after repeatedly threatening her and making unwanted sexual advances. In fact, some of these were even made in the company of other employees. When he actually tried to sexually assault her, he so violently attacked her that she broke her leg. The nursing home offered $475,000 for her injuries and she accepted in a confidential settlement.
CASE NAME: CONFIDENTIAL
AMOUNT: $750,000 JURY AWARD
This sexual assault incident played out in court. A 60-year-old sued the nursing home where she lived after she claimed she was raped by one of its employees. She sought various damages related to the physical and mental pain that followed the attack. Through her suit, she alleged the defendant nursing home negligently hired and trained its employees. The defendant obstinately disagreed and the matter proceeded to court. The jury returned a verdict of $750,000 for the woman ($743,252 for pain and suffering and $6,748 for medical expenses).Lawyers Committed to Getting You Full Value for Your Nursing Home Sexual Assault Case?
You are not alone. When it comes to investigating and prosecuting nursing home sexual assault cases, Rosenfeld Injury Lawyers is ready to assist your family. Our office is actively involved in the litigation of nursing home abuse matters and is one of the few law offices that has experience prosecuting nursing home sexual assault cases. Put our experience to work for you. Contact our office for a free and confidential review of your particular circumstance.