Case Results:

David Terry has obtained over $10 million in case results. Although individual settlements are often confidential, the collective total is substantial.

Below, are some of case results to share with those considering hiring us. Please understand that these results do not guarantee similar results when it comes to your own case and that the details and circumstances surrounding all cases are unique. These are not necessarily representative results—each case is different, is handled differently, and can have different final outcomes.

DISCLAIMER: Please note that every case is different and these case results, while accurate, do not represent what we may obtain for you in your case.

Settlement in Case Involving the Asphyxiation Death of Nursing Home Resident

J.B. was a very petite, bed-bound nursing home resident. Employees of the facility placed J.B. on a bed that contained a mattress that was too small for the frame, creating a large gap between the mattress and the bed rails. As her health deteriorated, J.B. became more restless and repeatedly became entangled in the bed rails on her bed. Despite these instances, facility employees failed to provide a mattress that fit her bed or to fill the gap with a wedge. As a result, on the night she died, J.B. slid in between the mattress and the bed rail. Her legs and buttocks were on the floor, but her chin became caught on the bed rail. She died by asphyxiation.

The Terry Law Firm was hired to investigate and file a lawsuit if necessary. After thoroughly reviewing the case, we believed the defendants had been negligent which resulted in the death of J.B. The lawsuit alleged negligence against the nursing home facility, as well as its management company and operating corporation. During the course of the lawsuit, plaintiffs learned that the Administrator had experienced a nearly identical death at a facility in which she had previously worked. Upon beginning her job at this facility, the new Administrator inspected the facility and reported to her Regional Manager that the beds and bed rails represented a dangerous condition for the residents. No immediate action was taken by the Regional Manager. Less than two weeks later, J.B. died in the very manner the Administrator had warned against.

Shortly before trial, the parties reached a confidential settlement of all claims.

Settlement of Wrongful Death Case Where Resident Died of Hyperthermia and Had Body Temperature of 109.7 Degrees

Over the Easter weekend in 2001, the St. Louis, Missouri area experienced unusually hot weather. For residents of this St. Louis County, Missouri skilled nursing facility, the hot weather resulted in soaring temperatures inside the brick facility. The air conditioning in the building was an antiquated system that needed a professional company to initiate. When the temperature in the facility dramatically increased, the professional company was unavailable to turn on the air conditioning. Rather than seek out alternatives, the residents were left to tolerate the extreme heat with little to no assistance from the facility employees. Many employees failed to go to work due to the heat and the Administrator, who was also a nurse, left for the weekend knowing the plight of the elderly residents but failing to find an alternative. As a result, four residents died from the heat, including K.J., whose body temperature measured 109.7 degrees Fahrenheit after her death. K.J. was the fourth of the residents to die.

K.J. had suffered a stroke and was placed in the facility by her husband. Her husband visited his wife ever single day, often bringing popcorn and a movie with him. When the heat wave struck, K.J.’s husband brought her a fan and did his best to keep her comfortable.

Attorney David Terry was involved in a wrongful death lawsuit was brought by K.J.’s husband and daughter. A confidential settlement was reached prior to trial.

During the course of discovery, it was learned that paramedics had previously been called to the facility due to the excessive heat. On at least one occasion, paramedics had told facility employees to move residents from the third floor, which was the hottest floor in the building. Sadly, facility employees failed to comply. K.J., a resident of the third floor, died after the paramedics’ warning. In addition, it was found that many of the fans on the floor had been removed from resident rooms and placed at the nurses’ station, including the fan that had been purchased for K.J. It was never found or returned.

Settlement in Case Involving a Resident Who Broke Her Hip When an Unsecured Lift Was Used by Staff

J.G. had fallen at home and broken her hip. She had surgery and was transferred to a St. Louis area nursing home for rehabilitation so she could return to her home where she lived alone. Nursing home staff members were supposed to transfer her from her bed to a wheel chair using a mechanical lift. While the staff members did use the lift, unfortunately they were not well trained on how to use it. Because the room was small, staff members pushed the legs of the lift close together to get it to the side of J.G.’s bed. However, they did not push the legs back out before they got J.G. into the lift making the lift unstable. As a result, the lift fell over with J.G. in it causing her to break her other hip. So now, just a week or so after getting surgery on one hip, she was back at the hospital getting surgery on her other hip. Recovering from one broken hip is hard enough, but recovering from two broken hips is exponentially more difficult. After filing a lawsuit and taking some depositions, the defendants finally reached a settlement that was very favorable to J.G.

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