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DECEASED RESIDENT’S ESTATE SETTLES WITH CARE HOME, COUNTY

Type of action: Wrongful death Family care home

Injuries alleged: Pressure sores, sepsis

Case name: Gibbs v. Primrose Villa Inc., et al.

Case number: 07 CVS 79

Court: Harnett County Superior Court

Verdict or settlement: Settlement (mediation)

Settlement date: December 2007

Amount: $638,000

Special damages: Medical expenses and funeral expenses

Plaintiff’s experts: Wells Edmundson, M.D., Raleigh; Laurie McNichol, WOCN, Greensboro

Plaintiff’s attorneys: Steve Gugenheim and Julie Wallis Gugenheim of Gugenheim Law, Raleigh

Submitted by: Steve Gugenheim

The decedent was admitted to the defendants’ family care home in February 2004 and remained there through May 2004.

The decedent had a prior CVA and required assistance with all activities of daily living. During his admission, the decedent developed multiple pressure sores.

Upon leaving the care home, the decedent was hospitalized for multiple, infected pressure sores and, through September 2004, he was hospitalized multiple times for medical problems relating to the pressure sores.

The decedent died Sept. 10, 2004.

The county’s Department of Social Services, following an investigation, cited the care home for deficiencies relating to the care of the decedent.

The decedent’s estate originally sued the care home. After deposing the county’s home health nurse, the plaintiff amended the complaint and added the county as a defendant.

The decedent was unmarried and had no children. His sole heir was his father, who died before the lawsuit was filed.

The case settled one week before trial. The county paid $500,000, and the care home paid $138,000.

© 2007 Lawyers Weekly Inc., All Rights Reserved.

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