A 57-year-old male resident at a Chicago Hispanic nursing home choked to death while eating his evening meal. The CNA assigned to assist the resident with his meal, left him to eat his meal unsupervised after setting the food tray on the resident’s table and positioning him to begin eating.
While eating the meal unsupervised, the resident began to choke. When the aide realized that the resident was choking, he unsuccessfully attempted to perform the Heimlich maneuver and pressed a call-light for help, but no staff responded. After further efforts to save the resident’s life failed, he was later pronounced dead.
The resident’s surviving daughter sued the nursing home, its affiliates, and several staff members on her own behalf and on behalf of her father’s estate. She also sued food suppliers to the nursing home which was dismissed. The lawsuit alleged that the food served to the resident did not comply with his physician’s orders, which called for a mechanical-soft diet. It claimed the nursing assistant was negligent for failing to follow those orders and for leaving the resident alone while eating. The resident’s daughter claimed the nursing home was vicariously liable for the nursing assistant’s negligence, was understaffed, and the staff were improperly trained.
For purposes of settlement, liability was not disputed, although the nursing home denied that it was in violation of any standards of conduct and that the resident’s death was an unfortunate accident.
The case was settled before trial fir $875,000. The amount includes the confidential settlement with the nursing home’s affiliate.
