Alzheimer’s Patient’s Estate Receives $600,000 in Wrongful Death Case

The Facts of the Case

The decedent, a 72-year-old man suffering from Alzheimer’s, entered the Carrier Clinic, part of Hackensack Meridian Health, in 2020. At the time, the man was committed to the clinic’s care because his Alzheimer’s symptoms had advanced, requiring psychiatric treatment. While in the clinic’s care, the decedent was prescribed several medications that increased his risk of falling, including antipsychotic drugs, sedatives, benzodiazepines, and mood stabilizers.

According to the plaintiffs, the decedent became more paranoid and aggressive during his stay at the clinic. Paranoia and other agitated mental states, along with physical aggression, can also increase the risk of a fall. Despite this, plaintiffs argued, the clinic did not change the decedent’s care plan to mitigate his fall risk.

On February 14, 2020, the decedent got into an altercation with staff, during which he allegedly attempted to throw a punch. One of the clinic’s technicians tried to restrain the decedent, causing him to fall face-first on the ground. The technician landed on top of the decedent.

The fall caused the decedent serious injuries, including over a dozen fractures in his face, skull, neck, and ribs. He also suffered a brain injury that caused internal bleeding. A month later, the decedent passed away.

At trial, the defense argued that the clinic’s technician made “a split-second decision to protect himself” and used permissible force in the restraint attempt. They also argued that there was “a complete dearth of evidence” to show any intentional malice or outrageous or aggravated conduct by hospital staff.

The Verdict and Next Steps

After a three-week trial, the New Jersey jury found that the Carrier Clinic was liable for the injuries that led to the decedent’s death. The jury held the supervising nurse to be 65 percent at fault and the technician to be 35 percent at fault. The $600,000 verdict included an award for the decedent’s pain and suffering between the fall and his death a month later.

Plaintiffs’ attorneys Lori Donnelly and Melissa Baxter expressed their gratitude to the jury for its attention at trial and its willingness to hold the clinic accountable “for failing to ensure their vulnerable patient…was safe under their care.”

The clinic says that it plans to appeal the verdict. In a statement, Hackensack Meridian Health reiterated its commitment to “the safety and well-being of our team members and patients.”

Takeaways for Attorneys

Falls are one of the leading causes of death and serious injury for elderly adults in the US. For adults with Alzheimer’s, the risk of a fall increases as the disease progresses, according to the Alzheimer’s Association.

The costs of treating fall-related injuries in elderly adults can be quite high. For this reason, the Centers for Medicare and Medicare Services (CMS) focus heavily on fall prevention, particularly in hospitals and other treatment facilities. Fall prevention is often a major part of training for hospital staff, including staff in memory care, rehabilitation facilities, and psychiatric hospitals.

In cases like these, establishing the practitioner’s or facility’s responsibility in fall prevention, particularly in the context of a plaintiff’s or decedent’s specific medical needs, can provide a strong foundation on which to build arguments for liability.

For attorneys representing practitioners and facilities, clarifying the applicable best practices in fall prevention - and underscoring that emergency situations can affect how staff respond in the moment - can help provide jurors with a sense of what can and cannot realistically be done to prevent falls and fall-related injuries.

From these respective foundations, attorneys can focus on questions of negligence, recklessness, or intentional behavior that may affect both a liability decision and the total amount of damages awarded.