(Nursing Home Act) On November 17, 2002, M-42 (Plaintiff), a schizophrenic (schizoaffective disorder) resident of Sacred Heart Home (a 172-bed intermediate care facility) attacked a co-resident and struck the co-resident in the face with the chair. Thereafter, the co- resident knocked Plaintiff to the ground, kicking him in the head and body, until he was rendered unconscious. Throughout the co-resident’s response Plaintiff attempted to get up to resume his attack.
Plaintiff alleged that the defendant failed to properly staff the facility to meet the individual needs of the resident-population and failed to timely intervene in the event, thereby permitting a fight to occur, persist and/or escalate between the defendant’s residents. The defendant contended that the subject incident was unforeseeable and not preventable. A post-incident investigation conducted by the Cook County State’s Attorney’s Office concluded that Plaintiff started the fight and that the co- resident acted in self-defense.
Injuries: Plaintiff was transported by ambulance to Mount Sinai Hospital with a Glasgow Come Score of 6/15. The CT scan of the brain revealed a right-sided intraparenchymal hemorrhage with significant midline shift, in addition to bilateral frontal contusions. Plaintiff was discharged from Mount Sinai and remained in long-term care until his death on September 30, 2003, where he remained comatose and in a persistent vegetative state.
The plaintiff’s sister, and sole heir, had not seen the decedent in the ten years preceding his death.
Specials: Medicals: $250,159.21 Lost Income: N/A Occupation: N/A
What Each Defendant Paid: Sacred Heart Home Incorporated ($165,000)
Insurance Company: Lexington Insurance Company (Sacred Heart Home Incorporated as the additional insured on a policy issued to MADO Management, L.P.)