The Buckfire Law Firm recently won a $1,000,000 settlement a wrongful death case against a Michigan adult foster care home. We were hired by the family of a 43-year-old man who had significant cognitive and mental deficits. He was placed in the AFC home because he always required close monitoring and supervision. The family could not provide the necessary supervision in their home.
The AFC resident was known to exhibit impulsive behavior and had a severe lack of control with respect to food. As a result, he required 1-to-1 supervision every time he ate, and all food needed to be locked away when he was not supervised. This was required to prevent him from choking.
Despite his known tendency to eat everything available, he was left alone in an unlocked conference room with a package of a dozen cookies. He was not being monitored and supervised at the time because the staff was outside the building with other residents who were smoking.
With no staff present to watch him, Plaintiff ate all the cookies at once and was found on the floor by another resident several minutes later. The staff called EMS to the facility. EMS technicians made efforts to clear his airway and perform CPR, but these were unsuccessful, and he died a short time later. The cause of death was listed as “Choking” on the Certificate of Death.
Our award-winning Adult Foster Care Home lawyers obtained the EMS records, AFC records, witness statements, and state investigation reports. We filed a claim against the facility and advised we intended to file a lawsuit if the matter could not be settled. After prolonged and detailed settlement discussions, the case was settled at a pre-suit mediation for $1,000,000.
Choking deaths are unfortunately all too common in skilled nursing homes and adult foster care homes. Many residents are at high risk for choking based upon their physical conditions, like swallowing disorders, and others have mental health conditions that impair their ability to eat safely without proper monitoring and supervision. These deaths are entirely preventable by staff members.
Facilities must properly evaluate residents for choking risks and implement dietary plans when necessary to prevent harm to a resident. This can include serving thickened liquids, cutting food into small bites, and watching residents eat so they do not stuff too much food in their mouth at a time.
If someone you care about choked on food at a Michigan adult foster care home, assisted living facility, or skilled nursing home, our experienced attorneys can help you seek justice for your loved one and win compensation for your loss. We win among the top settlements in Michigan every year.
Contact the Buckfire Law Firm today to start your case. We are ready and eager to help you.
We charge no legal fees unless you win a settlement, and it costs no money to start your case.