Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement for nursing home neglect

Cook County - June 2, 2021

On June 2, 2021, Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement on behalf of the Estate of a twenty-nine year old female disabled resident who died as a result of hanging by per purse strap that was negligently wrapped around her wheelchair handle. Daniel O’Brien, who took the majority of depositions in the matter, stated that the case clearly involved an avoidable tragedy that would not have happened if proper supervision and safety checks were implemented in accordance with Illinois Rules, Regulations and Administrative Codes. The case was settled against a confidential suburban developmental disability housing facility for adults.

On April 18, 2017, 29 year old mentally disabled female resident was found by staff hanging by her purse strap from her wheelchair. The records indicated that the resident had three prior episodes of sliding out of her wheelchair and falling on the floor. The nursing home failed to provide her the wheelchair that was specifically fitted to her to compensate for her disabilities. On the date of the incident, the disabled resident was allowed to remain in her room for hours after being placed there by a staff member without proper supervision and adequate safety checks. Additionally, staff allowed resident to keep her purse around her shoulder when she was wheeled into her room after dinner and left her unsupervised. Allegedly, resident slid out of her wheelchair again as her purse strap was caught around the wheelchair handle and her neck. This resulted in acute asphyxiation and death by hanging. The resident was survived by her 69 year old mother. Mr. Richardson advised that the treating pathologist testified that the disabled resident likely suffered one minute of conscious pain and suffering based on physical bruises and laboratory studies.