Family settles nursing home death case for $4M 

The family of a man who died after he fell while at a North Carolina nursing home has settled a lawsuit against the nursing home for $4 million, the family’s attorneys report. 

Rachel A. Fuerst, Carma Henson and Thomas Henson Jr. of Henson Fuerst in Raleigh and John Green and Alex Hall of Hall & Green in Wilmington report that the man was at the facility for a “very brief period of time,” during which he suffered a fall after which he was sent back to the hospital which diagnosed him with a serious head injury. The family contended that the death was a result of his fall-related injuries and alleged that “serious administrative failures” in the facility’s management led to the incident. 

The identities of the plaintiffs and defendants as well as various details of the case were withheld due to confidentiality requirements. 

The Henson Fuerst attorneys provided a written statement saying that punitive damages were an issue in the case and dozens of depositions were taken in the matter, including those of treating healthcare providers employed at the facility. Experts identified by the plaintiff included authorities in nursing and nursing administration as well as nursing home care, electronic records, neurosurgery and forensic economics. 

The defendants denied both liability and any breach of duty in his care and argued that the man’s own actions had contributed to his death. Court-ordered mediation early in the litigation was not successful, but the lawsuit was later settled without a mediator, the statement said. 

SETTLEMENT REPORT – NURSING HOME 

Amount: $4 million 

Injuries alleged: Wrongful death 

Case name: Confidential 

Venue: Confidential 

Date of settlement: September 2021 

Attorneys for plaintiff: Rachel A. Fuerst, Carma Henson and Thomas Henson Jr. of Henson Fuerst in Raleigh and John Green and Alex Hall of Hall & Green in Wilmington 

Attorneys for defendant: Confidential