The defendant paid a $875,000 settlement to the family of a woman who died while in medical transport between her doctor’s office and her residence at a personal care center.
The care home’s transportation service drove the victim in her wheelchair to an outpatient procedure offsite at a local hospital. The driver failed to secure her wheelchair inside the van on the trip back to the care home.
As a result, the victim fell out of the wheelchair and onto the floor of the van while en route, causing serious injury that led to her death.
The victim suffered vertebra fracture, neck fracture, spinal cord injury, artery occlusion, aspiration and bibasilar pneumonia leading to respiratory failure. She was hospitalized and ventilated before dying days later from a stroke caused by the spinal injury.
The driver was terminated from the facility for violating safety procedures.
Munley Law brought the case against the vehicle driver on behalf of the estate of the victim. Based on testimony from medical experts and employees of the care home, the case asserted that the driver and his employer were negligent and their conduct led to her wrongful death:
- Improperly or failed to use restraint systems in the van to secure the decedent in transit
- Failed to inspect bars, straps and other restraints in the vehicle
- Failed to inspect or supervise the employee to ensure he was properly securing passengers
- Failed to adequately maintain safety equipment
- Failed to warn the decedent of the dangerous condition
- Failed to lock the wheels of the wheelchair
“An already weakened elderly woman was treated recklessly with no concern for her well-being,” says Marion Munley. “The result was a nightmare for her family who watched her suffer and die. We were honored to represent them and help them find some justice for this tragic situation.”
