$1.28 Million Jury Verdict for Negligence of Nursing Home Causing Burn Injuries to Resident

Joseph Roberts was 47 years old when he was admitted to the Carriage Hill Health and Rehabilitation Center for a two-month period after he suffered a broken leg. Roberts had a variety of health problems, including stroke-related paralysis. That condition required Roberts to use a wheelchair. He also smoked — against nursing home policy — during this admission. He ignored staff members’ warnings not to smoke and did it anyway. 

When Roberts was hospitalized several months after his admission to Carriage Hill, he requested that he be readmitted. Carriage Hill approved the second admission. However, Roberts continued to smoke during his time at the nursing home facility.

One early morning, a nursing facility aide took Roberts outside and left him there alone to smoke. When the aide returned, she found that Roberts was on the ground with his clothes on fire. 

Roberts was immediately transferred to a nearby hospital, where he underwent medical treatment for third-degree burns over most of his left leg. His medical bills as a result of his burns were $650,000. Roberts suffered from his burn injury until he passed away two years later.

The Roberts family filed a lawsuit against the nursing home’s owner, claiming it negligently readmitted Roberts despite the fact that he posed a health and safety risk to himself and others. The lawsuit also alleged that the nursing home did not provide for reasonable supervision of its personnel. After a jury trial, a jury verdict was returned in the amount of $1,280,000 plus interest. Counsel for the Roberts family and his estate was W. Charles Meltmar.

Roberts v. Fredericksburg Healthcare, LLC, No. CL 11-1288 (Va., Spotsylvania Co. Cir. Aug. 19, 2013).

Kreisman Law Offices has been handling nursing home abuse cases and nursing home negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Schaumburg, Antioch, Chicago (Andersonville, Belmont Harbor, Beverly, Bronzeville, Bucktown, Chinatown, East Village, Greektown, Humboldt Park, Mount Prospect, Pilsen, Lakeview, Logan Square), Berwyn, Crystal Lake, Chicago Ridge, Elgin, Evergreen Park, Frankfurt and Forest Park, Ill.

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