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Nursing Home Injury – Burn

Amount Of Award/Settlement

$68,700
Nature Of Case

Premises Liability; Nursing home’s negligent transport of hot coffee.

Injuries Alleged

Second degree burns to back; emotional distress.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

Our Boston nursing home abuse and neglect attorneys took on a case where the plaintiff’s decedent, a 92-year-old resident of the defendant nursing home facility, was seated in her wheelchair, which was located at the entrance to her bedroom. As she patiently waited for her private care attendant to return to her room with a pillow, a rolling food cart, which was being pushed down the hallway by an employee of the defendant nursing home, suddenly struck her wheelchair. As a result of the collision between the food cart and the plaintiff’s wheelchair, a carafe of scalding coffee, which had been placed on top of the food cart, toppled over, dousing the plaintiff’s back with burning hot coffee.

The plaintiffs were prepared to offer evidence at trial that the plaintiff’s decedent suffered incredibly painful second-degree burns on her back due to the hot coffee. These burns were so severe that they quickly caused large, open, oozing blisters to form, and left her skin inflamed and tender to the touch for several weeks after the incident. The plaintiff’s decedent also required a number of additional hours of private nursing care due to the emotional stress she experienced following the incident. She also had trouble sleeping after the accident because she was unable to lie comfortably on her back.

The depositions taken of the defendant’s 30(b)(6) designate, revealed that the defendant’s employee had failed to follow the nursing home’s policy regarding the transport of hot coffee through the facility. The official policy stated that the nursing home’s employee should have placed the carafe containing the hot coffee securely within the rolling food cart instead of on top of it. If the defendant’s employee had complied with this policy and put the carafe safely inside the cart, the carafe would not have fallen on the plaintiff’s decedent and she would not have sustained serious burns when the food cart collided with her wheelchair.

Because of her advanced age, the plaintiff moved for and was granted a speedy trial pursuant to G.L. c. 231, ¤59F, and Mass. R. Civ. P. 40(a). Nevertheless, the plaintiff died approximately three months prior to the trial date due to causes unrelated to the incident.

Find Out If You Have A Nursing Home Injury Case

If you have suffered an injury due to nursing home’s negligence or abuse, contact our lawyers for a free confidential case review and receive a response within hours, or call (617) 886-0500. If you need a lawyer outside of Massachusetts, contact us for a referral.

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I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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