Eisenberg, Rothweiler Attorneys, Nancy Winkler and Kenneth Rothweiler represented the family of a 41 year old man with Down’s syndrome who died while being restrained by employees of the facility where he resided. The employees alleged that he was being aggressive with other residents and that he needed to be physically restrained. Despite signs of distress the defendants continued to restrain the man until he died of asphyxiation.
WInkler and Rothweiler argued at trial that the facility and its employees were negligent and failed to follow their own policies and procedures and were directly responsible for their client’s death. After over a week at trial the defendants paid $3.6 million in settlement.
