Wednesday, May 21, 2014

ELDERLY WOMAN FALLS AND RECEIVES $225,000

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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