Nursing Home Skin Breakdown Complicated by COVID Results in $180,000 for Plaintiff
Ben F was a 60-year-old, witty and fun-spirited man who was rushed from his home to the hospital for an emergency bowel surgery. While recovering from the surgical procedure, Ben F was exposed and tested positive for COVID-19. This occurred frequently when hospitals were overloaded with COVID outbreaks, so it is no surprise that Ben F was quickly transported to Rehabilitation Center to quarantine.
Staff Ignored Ben F.
While in Rehabilitation Center, staff avoided entering Ben F’s room. Due to understaffing, there was not enough staff to care for the residents, and Ben F was largely ignored. This resulted in the immobile Ben F. being stuck in the same position for days.
With family not visiting the facility due to the COVID lockdown, the staff were free to ignore patients without consequence.
Bed Sores Discovered Post COVID Quarantine Period
Hygiene was a foreign concept to Rehabilitation Center. Ben F. was encouraged to urinate and defecate on himself. He was neglected and staff did not provide showers or bed baths during his residency. Ben F. completed his quarantine on April 15th 2021. Around that time, Rehabilitation Center staff discovered multiple bedsores all over Ben F’s body. His lower back and his bottom were raw and his opened wounds big enough to put a closed fist inside without touching the surrounding necrotic tissue. The pressure ulcers on his heels were bone deep and infected with osteomyelitis.
Ben F called Emergency Medical Responders for himself, and was transported back to the hospital that originally transferred him to Rehabilitation Center.
Ben F underwent debridement surgery and skin flap surgery, his back side and bottom bedsores were able to heal over. The Hospital was also able to save his feet with a heavy course of IV and oral antibiotics.
COVID Immunity Law and Bed Sore Cases
In this case, the defense asserted a COVID immunity. Referencing a law signed by the Governor, the nursing home claimed that it could not be held liable for civil damages because Ben F. was a COVID patient, and because of that, he developed his skin breakdown and pressure injuries.
However, our nursing home lawyers successfully argued that the COVID immunity law should not apply since Ben F.’s pressure injuries were merely incidental to his COVID diagnosis. In other words, his development of pressure ulcers and bedsores had nothing to do with his COVID diagnosis or treatment.
Does COVID Cause Skin Breakdown and Pressure Injuries?
COVID-19 has many signs and symptoms that separate it from other viruses. Bedsores or pressure ulcers are not on that list of signs and symptoms.
Bedsores develop specifically when there is a constant pressure on an area of skin that restricts proper blood flow to the skin. The vulnerable skin is damaged and slowly dies, causing the bedsore to change in color, odor, and size. Facilities try to convince victims and their families that pressure ulcers are unavoidable due to COVID-19. However, this is wrong.
Pressure injuries in facilities develop directly through negligent care provided by staff. Specifically, these pressure ulcers are caused by a failure to reposition the bedbound patient. This can be from apathetic workers or from improper staffing ratios.
If you or your loved one developed a pressure ulcer inside a Nursing Home, Assisted Living, Skilled Living, Rehabilitation Center, or Hospital, contact Senior Justice Law Firm today. Please call our intake line for a free consultation at 888-375-9998.
*actual names have been changed to respect privacy.