Case Conclusion Date:April 15, 2012
Practice Area:Wrongful Death
Outcome:Settled for $990,000.00
Description:Parties involved remain confidential in this contested liability wrongful death case. Plaintiff was the parent of a minor child who died as a result of the negligence of a nurse. The minor child was mentally challenged and required the use of a breathing tube in order to maintain proper oxygen levels. A specific order was signed by the physician in charge, requiring constant supervision, of the child and the use of proper restraints to protect the breathing tube. At some point, the minor child removed the breathing tube and subsequently entered into a coma, and ultimately died. The defendant nurse maintained that she had given appropriate supervision, however, discovery and review of the medical records reflected that she had stepped away from the child’s room while he was unrestrained. The record indicated that a sufficient amount of time had passed for the child to suffer an anoxic event after removing the breathing tube, which ultimately led to his death. The case was further complicated by a state medicare lien which exceeded three hundred thousand dollars. Kevin Ruby negotiated more than a 75% reduction of the medicare bill, which enabled the case to settle.