nursing home lawsuit

New Jersey Settles Veterans-Home Death Claims for $53 Million

New Jersey officials agreed to pay about $53 million to the families of state-run veterans-home residents to settle claims that managers in the facilities acted with gross negligence in fending off the coronavirus pandemic, according to a state official and a lawyer for the families.

The settlement covers claims by kin of 119 residents, most of whom died during early 2020 Covid-19 outbreaks, at the Menlo Park and Paramus Veterans Memorial Homes, amounting to an average of $445,000 per family, the people said.

Nursing Home Abuse | Types of Abuse & Filing a Lawsuit

A nursing home abuse lawsuit is a legal action taken against a nursing home for mistreatment of a resident. Most victims file civil lawsuits for compensation, though some may file criminal lawsuits for restitution. Many civil lawsuits end in settlements.

Elder abuse is not a new problem, and it’s common, according to the Centers for Disease Control and Prevention. While elder abuse can occur anywhere, a growing number of nursing home residents experience abuse.

About 1.3 million Americans lived in nursing homes in 2015, according to the CDC.

Nearly 1 in 3 nursing homes were cited for violations, according to data cited by the National Center on Elder Abuse. About 1 in 10 homes had violations that caused serious injury or harm. Some of these injuries were serious enough to be life threatening.

Coronavirus-related deaths in nursing homes prompt lawsuits and questions about who is responsible

In mid-April, Faith Heimbrodt got a call from the Bria Health Services nursing home in Geneva, Illinois, saying her mother, Carol Orlando, was not in good health. She immediately feared COVID-19. But she says facility staff insisted her 79-year-old mother didn’t show symptoms of the virus, and that her illness likely was due to her advanced dementia.

Alarmed, she got permission to visit her mother, even though the facility had been on lockdown since March. Heimbrodt, who has five children at home and suffers from multiple sclerosis, went wearing a gown, respirator and face shield, but she was shocked to see staff and residents without masks. A desperate-looking certified nursing assistant asked how she got her respirator, so she gave it to him.

Her mother’s room was filthy, with dirty diapers on the floor. Her roommate was coughing, unmasked, in the adjoining bed, with no room divider. Orlando looked thin and dehydrated, her eyes sunken and her mouth covered with sores. Heimbrodt squeezed her mother’s hand and leaned in close, wanting but not daring to lift her face shield and kiss her. She left sooner than she planned, nervous about the risk of exposure to the virus.

A week later, Heimbrodt got a call that her mother was dead. 

Are Nursing Homes Liable for Slips and Falls?

Nursing homes are legally liable when one of their residents is injured in a slip and fall, but these cases also differ from other slip and fall lawsuits.

Seniors are more likely to fall and more likely to suffer serious injuries due to their age and health conditions, and often the cause is not related to their surroundings.

A fall in a managed care facility can happen the way these accidents typically take place, such as a person slipping on uneven carpet or on a wet floor, but that is often not the case. Instead, when an elderly person falls in a nursing home, it is typically because they weren’t adequately supervised. Here are more reasons a nursing home may be liable.

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