Severe Injuries From an Unrelated Accident

Our client, a 76 year old retiree, was admitted to a nursing home after suffering severe injuries from an unrelated accident. While he was admitted to the nursing home for treatment for his traumatic brain injury, he was given Ambien to aid his sleep. During the one week he spent at the nursing home, he suffered three falls, the third resulting in a brain bleed and an exacerbation of the prior brain injury, ultimately requiring surgical intervention.

Wingate, Russotti, Shapiro & Halperin, LLP investigated the matter and consulted with several medical experts to determine a viable cause of action. After consulting with a nursing expert, it was determined that our client should have had one to one supervision and mats placed around his bed. After consulting with a medical expert, it was determined that the nursing home's administration of Ambien was negligent because it created an unacceptably high risk of falls in a post-traumatic brain injury patient. The matter was placed into suit under multiple theories of negligence, including statutory violations of the public health law.

Before depositions were taken, the defendants requested the case go to mediation. Wingate, Russotti, Shapiro & Halperin, LLP partner Jason Rubin mediated and ultimately settled the case. He was able to convince the defendants that a jury would have awarded a substantial sum despite our client's significant pre-existing injuries. After two full days of mediation, the matter settled for $575,000.

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