August 2019
Partner, Craig J. Hubert successfully negotiated a resolution of claims for two clients who were injured due to abuse and neglect at the nursing homes providing care.
In the first case, an elderly resident at a nursing home and rehabilitation facility in Mercer County, New Jersey, suffered a broken neck, concussion, and severe scalp hematoma after she fell to the floor head-first from a wheelchair. The client sadly passed away from her injuries ten days after the fall. The plaintiff alleged that the nursing home failed to employ adequate fall prevention methods and otherwise supervise the resident, who was known to need assistance.
The parties attempted to mediate the dispute, which initially failed to bring resolution. However, in continued negotiations in the months following mediation, Craig was able to achieve a settlement for his client’s estate in the amount of $425,000.
The second case involved a sexual assault perpetrated against a female rehabilitation patient by a male nursing employee. The sexual assault caused our client develop post-traumatic stress disorder. The facility, instead of suspending the employee and immediately investigating the assault, permitted the employee to return to work and have further contact with our client in the aftermath of the assault.
Initial mediation attempts failed. Ongoing post-mediation efforts led to a confidential settlement agreement resulting in a substantial recovery for the victim. Craig commented: “It brings my team great satisfaction to arrive at a favorable resolution for our client. Although she was prepared to testify at her trial, she now has a resolution with certainty and no longer will be required to tell her story in open court. We are confident that the achievement of civil justice in a pre-trial resolution will help our client as she moves forward.”
If you or a loved one has suffered due to negligence at a nursing home or rehabilitation facility please contact Craig Hubert at chubert@szaferman.com or call (609) 275-0400.
