Practice Area Category: Nursing Home Negligence
A 41-year-old man with Down’s syndrome died while being restrained by employees of the facility where he resided. Employees alleged that he was being aggressive with other residents and needed to be physically restrained. Despite signs of distress, the defendants continued to restrain the man until he died of asphyxiation. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued at trial that the facility and its employees were negligent in failing to follow their own policies, and were directly responsible for the death of the law firm’s client. After one week at trial, the defendants elected to settle the case.