Resident dies after leaving memory care facility; $1 million settlement

Action: Memory care negligence

Injuries alleged: Wrongful death; pre-death pain and suffering

Case name: Withheld

Court/case no.: Withheld

Judge: Withheld

Mediator: Rene Trehy

Amount: $1 million

Special damages: $39,000 (past medical expenses)

Date: April 2, 2023

Attorney: Stephen Gugenheim of Gugenheim Law, Raleigh (for the plaintiff)

Decedent, a resident of a memory care facility, had a known history of wandering, and there was evidence (denied by the defendant) that decedent had previously eloped from the facility. Decedent eloped from the facility and was found alive the next day in a field about a quarter-mile from the facility. The decedent later died of alleged complications from exposure.

Defendant claimed that the decedent eloped through an exit door that unlocked when a fire alarm sounded. Although there were no witnesses to the elopement, there was evidence that decedent had been in an outside courtyard the morning of the elopement. There also was evidence that the decedent had previously eloped from the facility by climbing over the courtyard fence. Documents obtained in discovery from the fire department and the alarm company proved that the fire alarm at the facility frequently sounded.

The facility was operated by an individual, was not part of a larger chain, and had limited liability insurance. Plaintiff’s counsel made a policy limit demand. Defendants failed to respond to the demand or tender policy limits within the period identified in the demand. As a result, plaintiff’s counsel withdrew the demand. Defendants later paid double the policy limits to settle the case.