PHILADELPHIA – A Colorado-based estate has finalized a settlement surrounding claims that the death of a Coatesville nursing care facility resident from an inter-cranial hemorrhage nearly three years ago was the result of negligent care on the part of the facility and its staff, for $150,000.
The Estate of Leocadia Johnson (by and through her Executor, Raymond Johnson) of Fort Collins, Colo. first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 9 versus CCRC Brandywine, LLC (doing business as “Freedom Village at Brandywine”) of Brentwood, Tenn.
“Johnson was a resident of Freedom Village. On or about June 28, 2019, while a patient of defendant, plaintiff, Leocadia Johnson did suffer serious and permanent injuries (including death) from a fall. Prior to the fall, she was given both Percocet and Melatonin and was left unsupervised. After the fall, she was found on the floor with a table on top of her,” the suit said.
“She was taken to Paoli Hospital and was diagnosed with an inter-cranial hemorrhage. She ultimately passed away on July 15, 2019 as a result of the fall and inter-cranial hemorrhage. The fall occurred even though staff knew that Ms. Johnson was a ‘fall risk’, having entered the skilled nursing facility after a previous fall at home where she lived independently. This was the result of medical negligence by the defendant, causing plaintiff the injuries that form the basis for this action.”
The suit argued that Johnson’s injuries and death “were the direct and proximate result of the negligence of the defendant, its agents, officers, servants and/or employees, specifically the medical director, physicians, nursing executor, nursing staff, certifies nursing assistants, aides, assistants and/or orderlies.”
“At all times relevant hereto, defendant was licensed to and did accept Medicare patients/residents, defendant agreed that it would comply with all applicable federal and state laws, rules and regulations governing nursing facilities and the defendant held itself out to the public at large as specialists providing skilled and intermediate nursing services in the field of nursing care,” the suit stated.
“The care that defendant and/or its physicians, nurses, aides, assistants, agents and healthcare staff exercised and exhibited in regard to Johnson, fell outside acceptable, professional, and healthcare safety standards and practices.”
The plaintiff filed a petition for approval of settlement and distribution of wrongful death and survival action on March 8, noting that in lieu of litigation, the parties decided to engage in private mediation.
“The parties conducted pre-suit negotiations and participated in private mediation after litigation was commenced. The parties agreed to a settlement in the amount of $150,000. Leocadia Johnson did have a will. Leocadia Johnson was single, and survived by her three adult children that are beneficiaries as follows: 1) Raymond Johnson, 2) Grace Baker and 3) Robert Johnson,” the petition stated.
“The following settlement has been proposed: Defendant CCRC Brandywine, LLC doing business as “Freedom Village at Brandywine Institute, Inc.” will pay the total amount of $150,000 to be paid within 20 days of the Court’s order approving the settlement in exchange for a full and final release.”
The proposed settlement would see $2,667.14 go to Haberman Law for reimbursement of expenses, an additional $60,000 go to Haberman Law for legal fees and $22,092.48 go to Medicare to satisfy a prior lien against the decedent.
For the remaining net proceeds of $65,240.38, the settlement would see equal amounts of $19,572.11 go to Raymond Johnson, Grace Baker and Robert Johnson, along with the last $6,524.04 go to the decedent’s estate.
UPDATE
U.S. District Court for the Eastern District of Pennsylvania Gene E.K. Pratter ordered May 6 that the settlement petition would be granted, with some modifications from the prior version made after consideration of supplemental documents.
The final settlement would see $2,667.14 go to Haberman Law for reimbursement of expenses, an additional $60,000 go to Haberman Law for legal fees and a reduced amount of $12,830.21 go to Medicare to satisfy a prior lien against the decedent.
For the remaining net proceeds of $74,502.65, the settlement would see equal increased amounts of $22,350.79 go to Raymond Johnson, Grace Baker and Robert Johnson, along with the last $7,450.28 go to the decedent’s estate.
According to Pratter, within 60 days from the date of the order, plaintiff counsel would be compelled to file an affidavit with the Court, certifying compliance with the order.
For counts of corporate negligence, professional negligence, survival and wrongful death, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and an amount in excess of that requiring compulsory arbitration.
The plaintiff is represented by Leonard P. Haberman of Haberman Law, in Philadelphia.
The defendant did not secure legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-03529
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com