We recently settled a wrongful death lawsuit against a Flint area Adult Foster Care Home. The lawsuit was filed on behalf of the resident’s surviving family members in the Genesee County Circuit Court in Flint, Michigan.
Our client was a 69 year old gentleman who had resided at the home for many years. He was mentally impaired and had physical disabilities, including the inability to use his legs due to polio as a child. As a result, we relied on a motorized wheelchair to get around.
The incident that led to his death involved the failure of the AFC home staff to safely assist him from getting off of the transportation van. At the time of the incident, he was on the ramp of the handicapped van and drove off of the van. He fell several feet and was struck in the head by his wheelchair.
The lawsuit alleged that the AFC Home staff was negligent because they did not turn off his wheelchair and manual assist him onto the ramp. He had several prior instances in which he was unable to control the wheelchair, including at least one when he almost drove off the ramp. The suit also alleged that the staff failed to use a safety strap which would have prevented the incident from occurring.
After the fall, the resident was taking to a local hospital and was diagnosed with a brain bleed. He was never able to recover from the injury and passed away shortly thereafter at that hospital. His entire family was at his side.
A wrongful death lawsuit was filed and the depositions of numerous witnesses and family members were taken. Prior to trial, the parties agreed to attend a private mediation to see if the case could be settled before trial. After lengthy negotiations, the sides agreed to a confidential settlement.
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