Plaintiff, an 87 year old woman, was placed by her adult children into a Residential Care Facility for the Elderly (RCFE) without disclosure of her multiple falls immediately before placement and her pre-existing conditions, including multiple compression fractures. Plaintiff died after the claim was filed and one of her adult children stepped in as Successor-in-Interest. Claims included that a fall occurred while at the RCFE resulting in multiple fractures in addition to poor hygiene; UTI; excessive weight loss; pneumonia; and dehydration. All adult children and one adult grandchild were deposed and MSJ/MSA was pending when settlement negotiations began. Matter resolved confidentially prior to dispositive motions being opposed.
March 2022