Joey Morris and
Mark Andrews of Morris, Cary, Andrews, Talmadge & Driggers, LLC have been able
to secure an $850,000 verdict for their clients, who sued a nursing home
for neglect that led to a patient’s death. The verdict amount marks
the largest arbitration award in Alabama for a
nursing home abuse case of this kind. It is also an amount that is more than double what
the defendant’s made during mediation.
Details of the Nursing Home Death Lawsuit
Most of the details of this lawsuit will be undisclosed out of respect
of the privacy of the family.
An elderly woman who was in a semi-vegetative state was staying at a nursing
home facility in Alabama. She was completely dependent on the care of
the orderlies for her survival, as she could not perform basic day-to-day
activities on her own any longer. While she was being transported from
her bed to her chair in her room at the nursing home, the hoyer lift –
a mechanical, sometimes-electrical sling system for lifting patients –
being used to move her dropped her onto the floor. She suffered a
brain injury from the impact and ultimately passed away from complications and symptoms
close to three weeks later.
During the discovery process of the lawsuit, it was determined that the
nursing home staff deviated from accepted safe practices while using the
hoyer lift. Two people are required to assist in the lifting of a patient
when using a hoyer lift, but the defendant only had one orderly present.
Additionally, a safety clip on the hoyer lift that helps secure the patient
and prevent falling was missing at the time of its use.
Despite the evidence against them, the defendants denied any liability
for the elderly woman’s fall and claimed that it was not linked
to her death. After mediation was failed due to their stubbornness, it
was taken to a Montgomery arbitrator. It was during arbitration that the
landmark $850,000 verdict was won for the firm’s clients.
For more information about Morris, Cary, Andrews, Talmadge & Driggers,
LLC, or to retain the help of the firm’s Montgomery & Dothan
personal injury attorneys, you can call
888.694.0174. Interested parties can also
contact the firm online to request a
free initial consultation.