Ryan, Ryan & Viglione attorney Michael Viglione recently finalized confidential settlement of a nursing home case that earned a Lake County resident $450,000.00.
The case involved allegations that nursing home employees and staff physical therapists improperly stood a 76 year old resident despite admonitions from her family not to do so, and despite the nursing staff’s assessing her as unsafe to be stood. Plaintiff alleged that this improper standing culminated in a broken right ankle that eventually developed gangrenous ulcers due to complications from her diabetes and required a below the knee amputation.
Defendants argued that Plaintiff, who was diabetic, suffering from COPD, right-side paralyzed due to multiple prior CVA’s, non-ambulatory, non-communicative, and severely osteoporotic, could not pinpoint the time or place she suffered the ankle fracture, and that the fracture could have occurred independent of any wrongdoing. Defendants also questioned the loss of normal life to an individual who lost their right leg after admittedly being unable to stand, bear weight, or otherwise use the limb for approximately 10 years.
Viglione stated that: “This settlement is confirmation that mistakes were made in my client’s care and treatment. It also confirms the profound effect the loss of her leg had, despite her long-standing physical limitations. It was a pleasure to represent her.”