$325,000 Settlement Against Respite Care Facility

Case Type

Blake Heath along with Mark Emison of Langdon and Emison obtained a settlement in the amount of $325,000 for the family of a young woman who died due to a fractured femur. This tragic case was brought against the respite care facility where the fracture occurred.

The young woman was in her early thirties and had cerebral palsy. She was non-verbal, and she needed complete assistance with all daily living activities. Once a month, her parents would let her stay at the facility for respite care.

In late May of 2015, a staff member noticed that the young woman’s leg looked “floppy.” The staff called EMTs, and the young woman was taken to the hospital where they determined she had a fractured femur. Doctors performed surgery to reset the fracture, but the young woman’s health began to decline. Sadly, she passed away in July of 2015.

Blake and Mark made claims against the facility alleging the facility’s negligence resulted in the young woman’s broken leg. The respite care facility maintained that its staff did not break the young woman’s leg. Instead, the fracture was a fragility fracture that occurred due to the young woman’s weakened bones. Blake and Mark countered the defense’s position with expert testimony and the operative report from the surgeon.

Ultimately, Blake and Mark were able to obtain a settlement of $325,000, which was essentially the non-economic damage cap under Missouri law for the incident.

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Past results afford no guarantee of future results and every case is different and must be judged on its own merits.

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