Nursing home death caused by beating: $5 million settlement

Action: Nursing home abuse and neglect

Injuries alleged: Fractured hip, surgery and death

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: Withheld

Name of mediator: Asa Bell

Amount: $5 million

Date: May 2, 2023

Attorneys: Carma Henson, Rachel Fuerst and Thomas Henson of Henson Fuerst, Raleigh, and F. Davis Poisson III of Poisson, Poisson & Bower, Raleigh (for the plaintiff)

An 89-year-old man died after being brutally beaten by his roommate in a nursing home. The attack took place within three days of the nursing home forcing the two residents to room together.

The physical attack was foreseeable, as the nursing home staff was aware of other instances of physical violence that the roommate had displayed toward staff and others, and more important, had been made aware of a threat made by the roommate against the decedent within 24 to 48 hours prior to the assault. Yet, no preventative actions were taken.

The attacker suffered from a serious mental illness that resulted in aggressive and violent behaviors towards others and was difficult to control.

Despite this knowledge, the nursing home allowed the dangerous resident to reside in the nursing home without proper supervision and care, forced him to room with the decedent despite pleas by both men that they be separated and failed to protect others, including the decedent, from abuse.

Through extensive discovery, plaintiff’s attorneys established that these failures were a direct result of negligent management and control exacted by the nursing home’s parent corporation.

The parent corporation established and enforced unsafe budgets at the nursing home that required the nursing home to understaff the facility while at the same time requiring admission of residents that the staff was incapable of properly caring for to generate a large profit.

In addition to claims of abuse and neglect, this lawsuit included claims of administrative and corporate negligence, as well as punitive damages.

The name of the parties, the defense lawyers, the insurance carriers and the location of the lawsuit are confidential.