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Out of necessity, many people rely upon nursing homes, assisted living facilities, special care institutions, community based housing or private duty aides to provide 24 hour care for elderly and disabled loved ones. Without exception, these elderly relatives and disabled persons have one trait in common; they all rely upon others simply to survive. Unfortunately, individual and institutional caregivers entrusted to protect our loved ones fail to do their jobs far too frequently.

On a day to day basis, nursing home residents, persons with autism, mental retardation, physical disabilities, and/or cognitive impairments suffer unnecessary, avoidable life threatening injuries that would have been wholly preventable had simple, routine and inexpensive care been provided as required by law. The consequences may include:

• Painful, Life Altering Fractures
• Pressure Ulcers that Result in the Amputations of Limbs
• Wrong Food Consistency that Causes Choking
• Sexual Assaults
• Fire Deaths
• Fatal Injuries when Wandering Away from a Facility

At Zarwin Baum, we are committed to helping clients secure fair compensation from such institutions and individuals for avoidable injuries that have caused needless pain, diminished functionality, emotional distress, degradation, disfigurement or premature death. We have a dedicated department, consisting of attorneys and paralegals, whose sole purpose and function is to represent the victims of institutional neglect and abuse. Since 2000, our team has prosecuted cases in Pennsylvania and New Jersey, recovering millions of dollars in compensation for our clients. Equally important, we recognize and appreciate the extreme emotional distress endured as a result of watching a loved one suffer. Our foremost goal is to represent the best interests of clients, providing quality legal representation forged by extensive experience from the prosecution of many such cases.

Some Representative Matters Include:

  • Pressure Ulcer
  • Falls
  • Sexual Assaults
  • Physical Assaults
  • Strangulation
  • Choking

Zarwin Baum attorneys have represented several victims in food choking cases in a variety of different settings.

  • Medication Errors
  • Chemical Restraints
  • Fires/Smoking
  • Home Health Aids

For more information, please contact any of the practice members referenced in the Attorney Listing.

Representative Matters

At Zarwin Baum, we have successfully prosecuted hundreds of cases on behalf of the victims of institutional/custodial neglect and abuse victims since 2000, including the following types of matters –

Pressure Ulcer – Few injuries evoke as strong an emotional response among our clients as pressure ulcers. Whether bone deep wounds located on a resident’s tail bone or a gangrenous ulcer located on a heel necessitating an amputation, Zarwin Baum has handled hundreds of pressure ulcer cases over the past decade, recovering millions of dollars collectively for our clients.  Zarwin Baum recovered $570,000.00 for an elderly woman who developed a pressure ulcer at a local hospital where she had undergone hip replacement surgery.  

Falls – Nursing home residents and cognitively impaired adults are typically vulnerable to falls, whether while trying to walk or attempting to transfer out of bed. Often times, residents fall in nursing homes and in other health care facilities as a direct consequence of inadequate care, breaking hips or legs, and beginning a progressive decline leading to death. Zarwin Baum has successfully prosecuted lawsuits arising from avoidable falls, and we have made many six figure recoveries on behalf of our clients.  In 2014, Zarwin recovered almost $600,000.00 in settlement for a 36 year old profoundly impaired adult woman who fell and fractured her skull because the aide assigned to watch her was talking with a colleague when she was supposed to supervise our client.

Frequently, nursing home residents who fall and fracture their hips will suffer deteriorating health, including the development of severe pressure ulcers.  In 2014, we recovered $400,000.00 by settlement for a nursing home resident who fell, fractured her hip and went on to develop a significant sacral pressure ulcer.  

Sexual Assaults – Persons with cognitive impairments are at a very high risk for physical and sexual assault.  Many such persons are placed in residential care facilities on a full time, 24 hours per day basis.  Most recently,  we represented a 17 year old male who was anally raped by a much higher functioning housemate who shared a “Jack & Jill” bathroom with my client through which the housemate routinely entered my client’s private bedroom late at night.  The case settled after jury selection for $1.5 million.  Previously, Zarwin Baum recovered $750,000 on behalf of the victim of an apparent sexual assault that occurred in a local nursing home. The victim was attacked by as many as two male residents of the same facility who were known by the nursing home to be unrepentant sexual predators. The assault occurred during a shift change when the two male residents were left unattended in violation of their care plans.

Physical Assaults – Whether committed by staff members or fellow patients, physical assaults can have deadly consequences for the victim. Recovered $650,000 in a partial settlement arising from the death of our elderly client who was killed when his aide threw him to the floor and stomped on his side after the resident experienced multiple episodes of incontinence and diarrhea. Also, recovered $600,000 to compensate our client who was assaulted by a fellow resident of a local, private psychiatric hospital after our client was placed into a shared room with a another patient who was known to be aggressive and easily agitated.  In 2013, we recovered $325,000 for a man who was punched in the jaw by his nursing home roommate and suffered a fractured jaw.

Strangulation – Care dependent persons are inherently vulnerable and can suffer deadly injuries in ways both obvious and unusual. In August of 2008, our client became entrapped in a privacy curtain in his nursing home room. Due to his underlying cognitive impairments, our client panicked and twisted himself up in the curtain. He slowly strangled to his death. Shortly after filing a Writ of Summons, Zarwin Baum made a substantial, confidential recovery for the surviving widow.

Choking – Persons with cognitive and/or physical impairments often will lose the ability to eat whole foods and/or to eat any foods without assistance and/or supervision. Some persons who live in nursing homes are known as “grabbers,” literally grabbing food off of the trays of fellow residents even though those foods pose grave threats of harm to the grabber. In other instances, the facility kitchen delivers the wrong meal tray to a resident on a modified diet. And yet other times, an overworked, inattentive nursing aide might put too much food in a resident’s mouth, before the resident has had time to swallow. We have represented several victims in food choking cases in a variety of different settings.

DrowningTens of thousands of special needs adults throughout Pennsylvania live in group homes under the 24 hour care and supervision of home health aides.  Many of the consumers suffer from physical and cognitive impairments (Autism, Mental Retardation, Downs Syndrome, etc.)  that place them at risk for falls, elopement, drowning and the ingestion of poisons.  Water poses a particular risk for persons with dementia and other cognitive impairments.  Drowning deaths are a well-known risk when persons with impaired safety awareness and judgment are allowed to wander away from their caregivers.  In 2014 , we represented a 52 year old man with a known history of seizure disorder who drowned in a bath tub at roughly 5 a.m.  His aide failed to conduct 30 minute overnight bed checks.  Our client was last seen by the staff at 3 a.m.  The case settled for $400,000.00 


Fires/Smoking – Zarwin Baum recovered $600,000 in a lawsuit against an area nursing home which allowed our elderly, memory impaired client to smoke a cigar unattended on an outdoor patio. The ash from the cigar fell onto his clothes, igniting multiple match packages that were held in a plastic pouch tied around our client’s neck, and engulfing him in flames. Our client died from his burns a few days later.

Home Health Aides -- Often times, care dependent persons opt to stay in their own homes rather than enter nursing homes.  Private duty aides are hired to assist/supervise care inside private homes.  Aides who fail to show for work, arrive late for work and/or ignore their duties while in the homes of consumers can cause severe injuries.  Most recently, we represented a 72 year old wheelchair-bound, blind woman who burned to death when she tried to heat her dinner in the microwave oven because the home health aide was habitually and erratically late for her evening shift when she was supposed to make dinner for our client.  The case settled for $925,000.00.

Zarwin Baum recovered $300,000 to compensate a woman who died when her home health aide failed to keep scheduled appointments, allowing a PICC line to grow dirty and to trigger a fatal blood stream infection.

Psychiatric Hospitals/Mental Illness -- Persons with mental illness can find themselves receiving acute medical care and/or residential services in a wide variety of facilities, including psychiatric wards in hospitals.  Oftentimes, the patients are involuntarily committed and are administered psychotropic medications that increase the risk for falls.  Some patients are exposed to the risk of assault by other, violent patients.  And while the facilities and physical environments in hospitals are typically “up to code,” some non-hospital residential programs are provided in older buildings that were not designed or intended to meet the care needs of persons who have poor safety judgment.  Most recently, I represented a 63 year old woman living in a treatment facility for persons recovering from alcohol dependency and mental illness.  She fell down a flight of 20 stairs because the stairs were unsafe.  We recovered an award of $900,000 at Arbitration.       

Medication Errors – The use of medications for legitimate purposes is wide spread in nursing homes and other setting where residents commonly suffer from a host of medical problems. Sometimes, the wrong medication is prescribed and administered to a nursing home resident despite well-known diagnoses and clear warnings on medication labels. In 2003, Zarwin Baum recovered a combined settlement of $525,000 against a variety of Defendants who prescribed, filled and administered a medication order for our client that was plainly contrary to her medical profile. Our client died as a consequence.

Other times, medications cause allergic reactions which, if not timely recognized and treated, can cause full body skin loss that essentially resembles heat burns. Zarwin Baum recovered in excess of $300,000 for a nursing home resident who suffered an allergic reaction to a drug administered in a nursing home where the nursing home staff failed to timely react and report the allergic reactions to the attending physician.

Drugs known as anti-coagulants such as Coumadin are also commonly used by nursing home residents. If not carefully monitored, the use of Coumadin can result in internal bleeding and death. We have successfully prosecuted claims for the mismanagement of Coumadin.

Chemical Restraints – Zarwin Baum has prosecuted several lawsuits against nursing homes who improperly and illegally used psychotropic medications such as Ativan, Haldol and Zyprexa to subdue and manage the behaviors of nursing home residents who had the misfortune to suffer from dementia. The misuse of such medications caused the residents to suffer profound dehydration, leading to death in one such instance. In 2002, Zarwin, Baum recovered $525,000 for the Estate of a man who died from severe dehydration that resulted from the use of chemical restraints.

Articles
Press Release: Medmal Reform Abuses Nursing Home Residents
Assisted Living Facilities vs. Nursing Homes: Choosing the Correct Level of Care
Dehydration and Advanced Directives: Compassionate Care, not Heroic Measures
Duties of the Nursing Home
Residents' Rights
Selecting a Nursing Home in Times of Crisis
Signs of Neglect and Abuse


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