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January 29, 2010
Settlement: $525,000 - Death of Dehydrated Nursing Home Patient Triggers Lawsuit



Facts: The family of an elderly nursing home patient who died of dehydration alleged negligence by defendant facility. Defendant denied liability, but agreed to a $525,000 settlement.
Plaintiff's decedent was a 90 year old female who was a longtime resident of defendant nursing home. She had a history of stroke, right-sided paralysis, constipation and urinary tract infections. Because of her conditions, decedent was dependent on the defendant's nursing staff for transfers, toileting, eating and drinking.
Plaintiff alleged defendant's staff failed to provide proper care, treatment and hydration for decedent, resulting in vaginal fecal impaction, dehydration and death. Defendant denied liability.

Originally published in The Carolina Verdict Reporter (146678)
Cabarrus County

Facts: The family of an elderly nursing home patient who died of dehydration alleged negligence by defendant facility. Defendant denied liability, but agreed to a $________ settlement.

Plaintiff’s decedent was a 90 year old female who was a longtime resident of defendant nursing home. She had a history of stroke, right-sided paralysis, constipation and urinary tract infections. Because of her conditions, decedent was dependent on the defendant’s nursing staff for transfers, toileting, eating and drinking. According to documentation on December 15, ________, decedent complained of a urinary tract infection which was treated with antibiotics. She also had painful vaginal ulcerations which reportedly went unassessed and untreated. Decedent was being given two doses of laxatives and prunes each day, but her fluid intake and output was allegedly not being consistently monitored. Despite her doctor’s orders, defendant’s nursing staff restricted decedent’s fluid intake, especially at night. By December 19, decedent was taking in less than 12 ounces of fluid per day and was noted as being impacted. By December 25, plaintiff said decedent was only taking in 4 ounces of fluid and had not eaten in several days. The following day, decedent was complaining of abdominal pain. At that time, she was still receiving laxatives and prunes twice a day and her fluid intake was minimal. Between December 27 and 28, decedent had 15 large bowel movements and she was found unresponsive the following day. After being taken to the emergency department, decedent was found profoundly dehydrated and her vagina was fecally impacted. According to the emergency room nurses, her vagina had to be irrigated and it took 8 to 10 wash cloths to remove all of the dried and impacted fecal matter. Decedent died the following morning of dehydration.

Plaintiff alleged defendant’s staff failed to provide proper care, treatment and hydration for decedent, resulting in vaginal fecal impaction, dehydration and death. Defendant denied liability.

Alleged Injury: Vaginal fecal impaction, dehydration and death.

Jury Deliberations: SETTLEMENT EFFORTS:

Editor’s Notes: Information for this summary was obtained from another published source.


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