Parties: Plaintiff: Estate; Defendant: Nursing Home
Jurisdiction: St. Louis County, Missouri
Amount of Settlement: $565,000

W. Morris Taylor (St. Louis) for Plaintiff. J.G., age 92, was admitted to the Nursing Home for rehabilitation following a fractured hip. The staff at Manor Grove used a seat restraint strap to keep Plaintiff seated in his wheelchair, which was not fitted with footrests.

On more than one occasion, Plaintiff was seen slipping down in his chair with the restraint around his shoulders. The restraint was not fitted with a slippage prevention device, nor a pelvic piece. The belt was simply fitted around his waist and not properly tightened. After lunch, the staff noticed Plaintiff was not in the hallway and realized the door to his room which was usually opened, was closed. When a nurse investigated she found Plaintiff had slipped down in his wheelchair and strangled on his seat restraint.

Plaintiff's alleged failure to supervise the resident, failure to provide the proper restraint device and punitive damages for reckless disregard. The case was settled just prior to trial.