Nursing Home / Bed Rail Entrapment

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CASE: Nursing Home / Bed Rail Entrapment

FACTS: The 88-year-old decedent was a widowed mother and grandmother who had resided at a skilled nursing facility for four years prior to her death, enjoying a good quality of life despite some evidence of moderate dementia. In the several months prior to her death, her health suddenly declined, and she began to exhibit episodes of nighttime restlessness and agitation that had recently resulted in her falling as she attempted to transfer herself out of bed. During this time, the records show at least ten separate instances of the decedent’s nighttime agitation, including at least two instances when she fell from her bed to the floor. The records indicate that the victim’s altered mental status was a result of undiagnosed and untreated urinary tract infection, which had become systemic and caused delirium.

Despite the decedent’s recent history of nighttime restlessness and falls, an institutional care plan noting her risk for falls due to poor safety awareness, various notations by medical providers regarding the need for constant, one-on-one care, and an incident the very night before her death in which the victim fell while trying to self-transfer, the staff of the skilled nursing facility failed to monitor the decedent throughout the night. Additionally, the facility also failed to adhere to voluntary federal guidelines regarding safe use of bed rails with vulnerable patients at high risk of falling. During a routine check, she was discovered to have asphyxiated by suffocation and arterial compression when her head and neck became entrapped between her bed rails and mattress. Although a bed alarm was in place, it did not activate until the decedent was removed from her entrapment.

DEFENSE: General denial of liability, including a lack of foreseeability.

INJURIES: The decedent likely endured enormous physical and mental pain and suffering in anticipation of her death during her asphyxiation. The decedent also suffered loss of enjoyment of life.

SPECIAL DAMAGES: Funeral expenses.

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)

NAMES/COUNTY: Anonymous v. Anonymous