$1M Awarded in Ohio Woman’s Wrongful Death Case

January 25, 2011

  • January 25, 2011 at 7:45 am
    Calif Expat says:
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    Jester says it pretty well – I would only suggest even greater distain for the Pltf atty and the greedy family.

  • January 25, 2011 at 3:56 am
    Jester says:
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    “Volpe had been sent to the nursing home for rehabilitation after back surgery in 2006. Her stay at the nursing home was temporary, Frantz said.

    Volpe was suffering from anemia and a urinary infection at the time of her fall. Both conditions contributed to her confusion, making it difficult for her to follow instructions.

    She fell after she got out of bed, striking her head and fracturing her wrist and hip. She died a week later, Frantz said.

    We know [she got out of bed] to go to the restroom. We don’t know whether she made it or not. We do know that the jury decided that she had been unattended for over 21/2 hours. They also knew she had this altered mental state where she was having difficulty following directions at that time,” she said.

    Staff members were aware that Volpe was a fall risk and failed to implement an alarm to alert them if she got out of bed, she said.”

    Comments: even if there had been alarm alerting the staff this woman got out of bed, it wouldn’t guarantee anyone would have gotten to her before she fell. There was no reason to restrain her and these kinds of rehab facilities don’t guarantee one on one babysitting 24/7. Unfortunate as it is, this was an accident and the “negligence” argument is pretty far fetched. Prime example why liability insurance for these facilities is so expensive. We need to re-visit our legal system. Giving her family a million bucks doesn’t help anything. It will help pay her medical bills and help her scumbag attorney make his Beamer payments though.



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