NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION VERDICTS AND SETTLEMENT REPORT

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P.O. BOX 447

CONCORD, NH  03301

Plaintiff’s Attorney:  Kenneth C. Brown, Esq. and Jared R. Green, Esq.

Case Title:    Anonymous v. Anonymous

County:      Anonymous    Date of Injury:  September 28, 2004

Liability Facts:          The decedent was an elderly patient, who suffered from numerous health issues.  She was admitted to the hospital for treatment related to pulmonary problems. The decedent was unable to leave her bed without assistance.  On the morning of September 28, 2004, she needed to use the commode.    She made numerous requests to the hospital staff that she required assistance.  After her repeated calls for assistance were ignored, she fell to the floor as she attempted to reach the commode.   As a result, she sustained numerous and serious injuries including contusions and lacerations over her entire body, which were so severe that she suffered severe physical pain, emotional distress, and disfigurement which contributed to her premature death.

 

Plaintiff:  Sex:F    Age at time of injury:86

 

Occupation:Retired homemaker

 

Plaintiff’s Theory of Liability: The Defendant failed to take adequate precautions to protect the decedent from leaving her bed without assistance when it knew or should have known that she had a propensity for attempting to walk to the commode on her own and that she was not capable of doing so safely and otherwise failed to provide for the safety of its patient.

 

Defendant’s Theory of Defense:    General denial of liability.  Comparative negligence.  Statute of limitations pled as an affirmative defense.  Independent, intervening and superseding causation.

 

Injuries:  (Diagnosis/Prognosis/Permanency): Severe contusions, lacerations and disfigurement contributing to an untimely death.

 

VERDICT/SETTLEMENT: the case was submitted to arbitration after suit was initiated.  The Plaintiff’s estate was awarded a confidential amount.

 

COUNSEL:

Kenneth C. Brown, Esquire

Jared R. Green, Esq.

ABRAMSON, BROWN & DUGAN

1819 Elm Street

Manchester, NH 03104

(603) 627-1819

Counsel for the Plaintiff

Mark Abramson
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