Type of action: Wrongful death
Injuries alleged: Fractured leg and resulting death
Date resolved: 9/27/2022
Special damages: $39,000
Verdict or settlement: Settlement
Attorney for plaintiff (and city): Carlton F. Bennett, Virginia Beach
Description of case: Doe, age 93, suffered from dementia and was a resident of Woe Assistant Care Center. Doe required extensive assistance for transfers to and from her recliner chair. Two staff aides would routinely raise her recliner chair to a standing position and then transfer her to a wheelchair to be taken to the bathroom for toileting. Two aides responded to Doe’s call for assistance to go to the bathroom, used the recliner to raise her to a standing position and assisted her to her wheelchair and to the bathroom. The aides then brought her back to her chair but left her in a standing position in front of her chair and provided no assistance to get her back in her chair. Doe fell, suffering a severe fracture to her left leg and underwent surgery on her injuries requiring plating and screws and returned to Woe Assistant Care Center bedridden and completely immobile. Doe developed pressure wounds and her condition continued to deteriorate and Doe had to be transferred to hospice where she died four months after her fall.
Carlton F. Bennett, plaintiff’s counsel, provided case information.[022-T-174]