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Knapp & Roberts Wins Landmark $11 Million Verdict

Posted by: Craig Knapp
April 12, 2009
Topic: Assisted Living Facilities

On March 19, 2009, a Maricopa County jury awarded one of our clients, Lydia Scherrer, $11 million for the death of her husband.  The jury determined that the assisted living facility, Liberty Manor, was responsible for the death of Earl Scherrer, a 36 year old man who suferred from a severe brain injury.  Earl's caregiver failed to properly supervise him and allowed him to ingest numerous foriegn objects including plastic bags, ketchup packets, candy wrappers and paper towels.  The Medical Examiner, Dr. Lyon, testified that the foreign objects caused an obstruction in Earl's stomach and small intestines leading to his death.  The lawsuit we filed set forth claims for abuse, neglect, wrongful death and punitive damages.  Then jury found in favor of our client on each count. 

At trial, it came to light that Liberty Manor made numerous false entries in its charts with respect to Earl Scherrer's care, including notations of care on days when Mrs. Scherrer had checked him out of the facility. Liberty Manor was also unable to produce Mr. Scherrer's alleged caregiver, an employee named Raul.  To read more about the trial and verdict you can go to "About The Firm", then click "Firm Press."  

How do you make sure this doesn't happen to one of your loved ones?  First, under Arizona law every assisted living facility must prepare a document called a "Service Plan."  This Service Plan sets forth the needs of the resident and how the caregivers are going to meet those needs.  In other words, it is the road map for the caregivers to understand what each resident needs and what they are supposed to do to protect them.  You have a right to participate in the preparation of that Service Plan and you are also supposed to sign off on the document.  Pay close attention to the Service Plan.  Make sure the caregivers know it and follow it.  Second, make sure the staff speak the language of your loved one and are trained in what he or she needs.  Third, visit as often as you can.  Remember the old saying, the "squeaky wheel gets the grease."  

We are seeing more and more assisted living cases.  Most situations where someone has been seriously injured or killed could have been prevented had the caregiver understood the resident's needs and watched them.   

       

 


The Knapp & Roberts law firm represents serious injury and wrongful death clients throughout Arizona, including the communities of Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, Glendale, Peoria, Surprise, Queen Creek, Apache Junction, Goodyear, Tucson, Flagstaff, and Yuma in the Valley of the Sun - Maricopa County, Pinal County, Coconino County, Yuma County, and Gila County.