Jed Kirsch recently obtained a settlement on behalf of an
elderly woman who was dropped in her
apartment by a home health aide employed by Gurwin Home Care Agency, Inc.,
while she was being moved in a Hoyer lift, a device used to move incapacitated
patients between a bed and chair or other resting place. The home health aide
had never been properly trained in the use of the lift. The fall from the lift caused our client to
sustain serious orthopedic injuries, including a comminuted impacted fracture
of the right distal femur and a mildly comminuted intra-articular fracture of
the right lateral tibial plateau. Although serious, these injuries were treated
successfully without surgery. The period
of treatment was relatively brief and our client only required some physical
therapy after being treated in the hospital.
The defendant engaged in conduct and tactics intended to
prevent the case from moving forward and our office vigorously fought these
efforts, opposing motion after motion and efforts to delay, enlisting the help
of the Court to force Gurwin to provide the necessary discovery and to come to
the table and engage in serious settlement discussions.
Although our client has
made a good recovery, we were able to obtain an excellent settlement of $225,000,
based upon our preparation for trial and our persistence in moving the case
along and keeping pressure on the home health care agency.
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