Recently, a Montgomery County, Pennsylvania lawsuit against an allegedly negligent nursing home settled for $350,000. Our Philadelphia nursing home abuse attorney describes the case facts below.
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Case Facts – A Hoyer Lift Transfer Gone Wrong Results in $350k for Victim’s Family
The claim involved an 89 year old female resident that was a resident at Willowbrook Court and Brittany Pointe Estates in Lansdale, PA. The 92 bed skilled nursing facility is owned and operated by Acts Retirement-Life Communities and located at 1001 S Valley Forge Road in Montgomery County.
In the lawsuit, the plaintiff alleged that the 89 year old resident was being transferred by a Hoyer Lift and fell during the lift. Mobility dependent residents often rely on a Hoyer Lift to get them out of their wheelchair and into bed. The machine works as follows. Hoyer Lifts usually have an electric motor so that human beings do not need to lift a mobility-compromised resident themselves. The Hoyer Lift is turned on and the resident is strapped in, usually using a series of straps and slings. These straps can go under or around the patient’s extremities and backside. The hydraulic pump will move the sling-bearing arm up and gently transition the patient into the bed, chair, bathtub, etc.
In the case of this 89 year old resident, however, this lift did not go as planned. This transfer injury allegedly caused the nursing home resident to fall and suffer a cervical spine fracture. Most Hoyer Lift falls occur due to the patient not being strapped in properly, the Hoyer Lift not being operated correctly, or due to a mechanic malfunction. In this case, it is unclear what went wrong. However, the vulnerable resident did suffer a fall from the lift.
The victim passed away about a week after her Hoyer Lift fall at Brittany Pointe Estates. The CNA that performed the Hoyer Lift transfer was in the course and scope of her employment with Brittany Pointe Estates and Acts Retirement.
Plaintiff’s Allegations in the Lawsuit Against Brittany Pointe Estates
Plaintiff alleged that Acts Retirement, Brittany Pointe and the defendants failed to properly and safely use the hoyer style lift, failed to properly secure the decedent in the lift, failed to ensure that the decedent did not fall from the sling, performed a negligent transfer of a high fall risk patient, and negligently hired and/or retained incompetent staff members.
The defendants denied liability but settled the case for $350,000, as publicly reported. There were two (2) surviving children of the decedent.
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*Each case is different. Prior results do not guarantee a similar outcome or indicate an expected outcome on your particular case. The above prior verdict or settlement information is for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney. You should consult with an attorney if you believe you might have a case. This individual verdict or settlement information above is based on available jury verdict research, and not the opinion of this law firm. This information, verdict or settlement are not the work of this law firm. The contents of this website should not be construed as legal advice on any specific fact or circumstance. Your receipt of such information does not create an attorney-client relationship with this law firm or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Speak with an attorney immediately if you believe you have a viable case against a nursing home, assisted living facility or medical facility.
