A boutique Raleigh law firm · Exclusively long-term care and hospital negligence casesCall 919-836-5551
Case report

Deceased Resident’s Estate Settles With Care Home, County

Type of action
Wrongful death Family care home
Injuries alleged
Pressure sores, sepsis
Case name
Gibbs v. Primrose Villa Inc., et al.
Case number
07 CVS 79
Court
Harnett County Superior Court
Verdict or settlement
Settlement (mediation)
Settlement date
December 2007
Amount
$638,000
Special damages
Medical expenses and funeral expenses
Plaintiff’s experts
Wells Edmundson, M.D., Raleigh; Laurie McNichol, WOCN, Greensboro
Plaintiff’s attorneys
Steve Gugenheim and Julie Wallis Gugenheim of Gugenheim Law, Raleigh
Submitted by
Steve Gugenheim

The decedent was admitted to the defendants’ family care home in February 2004 and remained there through May 2004.

The decedent had a prior CVA and required assistance with all activities of daily living. During his admission, the decedent developed multiple pressure sores.

Upon leaving the care home, the decedent was hospitalized for multiple, infected pressure sores and, through September 2004, he was hospitalized multiple times for medical problems relating to the pressure sores.

The decedent died Sept. 10, 2004.

The county’s Department of Social Services, following an investigation, cited the care home for deficiencies relating to the care of the decedent.

The decedent’s estate originally sued the care home. After deposing the county’s home health nurse, the plaintiff amended the complaint and added the county as a defendant.

The decedent was unmarried and had no children. His sole heir was his father, who died before the lawsuit was filed.

The case settled one week before trial. The county paid $500,000, and the care home paid $138,000.

© 2007 Lawyers Weekly Inc., All Rights Reserved.

Confidential Case Submission

Tell us, confidentially, what happened.

We accept only cases involving wrongful death or serious injury caused by negligence in nursing homes, assisted living and memory care facilities, and hospitals. If that describes what happened to you or someone you love, we want to hear from you.

Office
118 St. Marys Street, Raleigh, NC 27605-1809

Tell us about your case

Confidential. An attorney reviews every submission. All fields are required.

Please enter your name.

Please enter a phone number.

Please enter a valid email.

Please tell us briefly what happened.

Received

Thank you. We will be in touch.

An attorney will review what you shared. If your matter is urgent, please call us at 919-836-5551.