- Injuries Alleged: Subconjunctival hematoma to the left eye; laceration with prolapse/exposed tissue; injury that resulted in loss of left eye; pain and suffering.
- Amount of Settlement: $100,000.00
- Special Damages: $18,554.45 (Medical)
- Date: February, 2007
- Personal Injury
The victim was a 59-year-old woman with a history of severe developmental delay, cerebral palsy with spastic quadriplegia and a remote history of self-injurious behavior. She was confined to a wheel chair and weighed approximately 80 pounds. While cognitively and physically impaired, the victim immensely enjoyed sensory stimulation such as watching videos and going to the beach. On the day of the incident, the victim had been under exclusive care, custody and control of a special caregiver. It was determined through logical deduction and witness accounts that during the victim’s stay at this facility, she suffered a severe injury while she was not restrained to her chair. The injuries were left untreated and ended up being so severe that the victim lost her left eye and half her sight; one of the only remaining forms of joy she had left in life. All of the defendants (employees at the facility) claimed to have no idea how such an injury could have happened, and also claimed to only notice it once they took her out of her restraints, even though doctors have stated that such an injury where an eye is lost could not go unnoticed. In the end, the defendants were unable to remain innocent by staying silent. The attorneys used thorough analysis, witness accounts, and deductive reasoning to show the only time the victim could have sustained such a severe injury was in the care of this facility. The defendants settled for $100,000 through mediation.