Jury wards stepdaughter $400K in case of nursing home negligence

A Massachusetts jury awarded Marlene Owens $400K in a case of nursing home negligence. Owen’s filed her negligence lawsuit after her stepfather, John J. Donahue, was seriously injured in 2005 as he was being transferred from his bed at the Embassy House nursing home. His eye was gouged by a metal safety hook on the lift that was used to transfer him from his bed and he developed sepsis and died after having his eye removed.

Owens said of the award, “I feel like I got some closure and some justice of him [her stepfather].”

The Plymouth Superior Court jury found that Embassy House nursing home was negligent in their care of Donahue which contributed to his death. The lift used to move Donahue required two personnel to operate, but in the case of Donahue’s accident, only one person was operating it.

One notable aspect of this case was that Donahue had signed an arbitration agreement with Kindred which said that he or his estate would not sue if he was killed or injured at the nursing home. A judge invalidated that agreement citing the fact that Donahue was 91 and suffering from delusions when he signed the agreement.

Source:
The Boston Herald Stepdaughter wins $400G over nursing home abuse
Posted: August 15, 2010
This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been the victims of nursing home abuse or negligence which resulted in serious injury and the families with their wrongful death claims when their loved has died. With our help, you may recover compensation for your damages.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

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