04/28/2023
Sister firm Meyers, Flowers, Bruno, McPhedran & Herrmann attorney Jim McPhedran successfully reached a $325,000 settlement on behalf of a client involved in a Northern Illinois nursing home/malpractice case.
Suffering at the hands of a negligent nursing home facility and care team
Beginning May 2012, Beatrice* found herself in need of rehabilitation following orthopedic surgery and became a resident of a Northern Illinois nursing home. As a resident of the defendant nursing home, Beatrice sought medical care – one of many services advertised as available to residents – through the nursing home and its medical director.
Within just three months, Beatrice’s health rapidly deteriorated. At times, Beatrice sought care from independent medical providers, yet her health significantly declined due to dehydration and malnutrition, resulting in several complications such as rapid weight loss, abnormal lab values, and poor nutritional status. Unfortunately, much of Beatrice’s condition was not appropriately recognized and treated by any of her medical providers. Even more egregiously, after a stay at an outside hospital and a late evening return to the defendant nursing home, Beatrice was found the next morning with bilateral comminuted tibia fibula fractures to both legs.
However, no medical provider was willing to acknowledge where the fractures occurred. Further, some providers contended that Beatrice’s fractures could have been spontaneous and a result of Beatrice’s pre-existing osteoporosis. Beatrice passed away less than two weeks following the fractures. The cause of Beatrice’s death was also disputed substantially by her medical providers, many of whom expressed Beatrice’s advanced age of 86 contributed to her decline in health following the orthopedic fractures.
Lawsuit filed alleging wrongful death and battery
A lawsuit was filed alleging nursing home neglect and malpractice against various providers in March of 2014, by Anthony C. Raccuglia & Associates, whose legacy firm, Meyers, Flowers, Bruno, McPhedran & Herrmann, carried on the lawsuit. A suit was filed against the nursing home and a number of other medical providers. Substantial discovery took place over several years, which was complicated by the involvement of multiple medical providers, disputes about the cause of Beatrice’s injuries, and the care providers’ failure to accept responsibility for her declining health and/or fractures. Making matters more difficult were Beatrice’s comorbidities – such as osteoporosis, osteopenia, congestive heart failure, cardiopulmonary issues, and hypertension, among others – which affected the compensability of the case in addition to narrowing causation.
Beatrice had a close-knit family and left behind a number of children who were deeply committed to holding those responsible accountable. Due to Mr. McPhedran’s unwavering dedication to the case, after years of litigation, a settlement of $325,000 was agreed upon by the parties.
“The pain and suffering Beatrice experienced in regard to her decline in health but especially in regard to the comminuted fractures in both legs – for which no medical provider would willingly accept accountability – were great motivators in our determination to do justice and obtain a measure of accountability for Beatrice’s fine family” said Meyers, Flowers, Bruno, McPhedran & Herrmann attorney Jim McPhedran. “No individual or family should ever have to suffer through such an experience, especially without having someone accept responsibility as occurred in this case.”
Meyers, Flowers, Bruno, McPhedran & Herrmann is on your side
If you or a loved one have experienced negligent medical care or resided in a dangerous nursing home facility, we want to hear from you. Call Meyers & Flowers at 630-576-9696 for your free, no obligation case evaluation.
*Client’s name has been changed to privacy and confidentiality purposes.