A wrongful death suit regarding the death of a 84 years old resident in a nursing home that was shortly thereafter shut down by the state was settled when a singular insurance policy was located during extensive discovery.
Defendants BRAEMOOR HEALTH CENTER, LLC, SYNERGY HEALTH CENTERS LLC, HEALTH CENTER MANAGEMENT LLC, and 34 N. PEARL STREET, LLC operated a nursing home in Brockton Mass where the Plaintiff was a resident for years.
In April 2016 Plaintiff appeared in distress/unwell but no one from the Facility assessed him or provided care to him, and no CPR was commenced (despite patient being a full code). With no one providing care to Patient, he died painful and premature death. Presuming that Patient had no living family surviving him (as his care was overseen by Court appointed Guardian), Defendants never reported the death or the incident to DPH, hoping to sweep it under the rug and continue with their greedy ways.
However, the DPH (and subsequently the Mass. Attorney General) did end up investigating the incident and found the death to have been a preventable incident caused by the Defendants systematic neglect. The AG’s investigation revealed that the Defendants’ systematic neglect (and symphonic of assets) was spread across number of their facilities in the Commonwealth, and subsequently the Defendants’ facility was placed in receivership and shut down. The individual and corporate defendants were ran out of our Commonwealth and are barred from being involved with any long term care facilities in Massachusetts for seven years.
With the Facility shut down and in receivership in Federal Court, there were no assets to compensate the victims of the Defendants negligence (as this Plaintiff was not the only victim) but after extensive discovery, singular liability insurance policy was found, and its limits to be shared with all the facility’s victims.
Sobczak Law obtained the largest portion of the insurance proceeds available for the Plaintiff’s survivors, and secured the approval of Federal Court overseeing the receivership.