Type of action: Wrongful death; medical negligence
Injuries alleged: Hip fracture caused by a fall, leading to death
Date resolved: 10/5/2021
Special damages: $110,000 in medical expenses and funeral/burial expenses
Verdict or settlement: Settlement
Attorneys for plaintiff (and city): Anthony M. “Tony” Russell and Paul R. Thomson III, Roanoke
Description of case: An 88-year-old elderly woman with a host of pre-existing medical conditions, including severe aortic stenosis, fell at a Virginia medical facility causing a right hip fracture and her death seven days later. Plaintiff’s evidence was that the medical facility committed malpractice in allowing the fall to occur because, if the standard of care had been followed, the fall would not have occurred thereby avoiding her hip fracture and death. The economic damages (medical expenses and funeral/burial expenses) totaled $110,000. There were three statutory beneficiaries, two of whom were the decedent’s adult children and the third was the decedent’s adult granddaughter (whose parent predeceased the decedent). Settlement resulted from plaintiff conducting direct negotiations with defense counsel before filing the action.
Anthony M. “Tony” Russell, counsel for the plaintiff, provided case information.