Arizona wrongful death
Several news agencies have reported on this tragic case that simply should not have occurred. According to those reports, Earl Scherrer was in a car accident in 1996 which left him with traumatic brain injuries and the need for constant care. Although he was in a coma for more than a year, his wife Lydia cared for him over the next several years. Eventually, she had to place him in Phoenix’s Liberty Manor Residency, an assisted living facility that claimed to provide residents with around-the-clock care.
One day Lydia got a call from Liberty advising her that her husband, who operated at the level of a small child, was vomiting. She went to the facility immediately and brought her husband home. While bathing him, he started to vomit again and died in her arms.
Abuse & neglect found
After an autopsy was performed, it was discovered that Earl had ingested plastic bags, unopened catsup packets, candy wrappers and paper towels. These items blocked his gastrointestinal system which led to his death. Lydia sued Liberty for abuse and neglect, wrongful death and punitive damages. During the trial, Lydia’s attorney was able to prove that instead of the around-the-clock care that Earl was supposed to receive, Liberty staff actually neglected him – and then falsified its patient logs.
A jury awarded her a record $11 million which included $2 million for Earl, $5 million for Lydia and $4 million in punitive damages. All in all, it is thought to be the largest verdict against an assisted living facility in the United States – for now.
Elder care lawsuits rising
Legal experts say that nursing home lawsuits against assisted living facilities and nursing homes are more and more common due to the “graying” of America in general and common nursing home practices such as hiring caregivers that are under qualified, under paid or don’t care about patients’ quality of life – all in order to save money.