Attorney Stacey Marmorstein’s client worked hard to get her brother into a high-quality care facility – the kind of facility you could trust would look after your loved one. Her brother had been disabled for nearly 30 years, so our client knew the level of support he needed.
Tragically, our client’s brother choked to death while eating lunch unattended, even though the facility was aware that, due to his medical conditions, he was at greater risk of choking.
“No person should be concerned about the safety of their loved ones in a high-quality facility,” said Marmorstein. “Our client’s brother’s death is a tragedy, not only in the horrific way he passed, but because the incident was entirely preventable.”
On behalf of her client, Marmorstein demanded the residential facility take accountability for the man’s death, and the loss that his family feels now that he is gone. The two sides settled out of court for $1.5 million.
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Finding a Home for Her Brother
Our client’s brother was a person who loved life. Our client says he was always smiling, that he said “yes” to everything. She says he was appreciative of his caregivers and would regularly thank them for their efforts.
He loved Boston Sports, owning countless Patriots shirts he would wear while watching every Sunday.
He had a sweet tooth, and he looked forward to outings to Castle Island for ice cream or even just the occasional Dunkin’ Donuts Munchkins.
Mostly though, he loved his family. He was excited to spend time with them and they have been devastated by this loss.
Marmorstein said her client jumped through hoops to get her brother into this community-based residential facility. Nursing homes, rehabilitation facilities, group homes, and other similar facilities operate based on their ability to provide for the needs of their residents. Our client knew her brother had certain requirements he needed met by his residential facility.
“It took months of planning and coordinating to find the best option for her brother, where he would receive high-quality medical supervision and care, but most importantly, the opportunity to participate in social activities and live his life to the fullest,” Marmorstein says.
An Inability to Care For Their Loved One
Marmorstein’s client worked tirelessly to make sure her brother was in a place that would provide appropriate care. She was completely blindsided by their negligence, especially given his medical history.
“Their inability to care for him in the most basic of ways- to supervise him during lunch- is shocking and repulsive,” Marmorstein says. “The families of this facility- and all facilities- should be able to trust their loved ones are receiving personalized and empathetic care.”
Fighting for Justice
Marmorstein sought to demonstrate the full horror of this tragedy by emphasizing the brief moments when our client’s brother knew he was choking but no one was there to save him, and the power of that realization helped her client get the accountability she was seeking.
“The client finally felt like this facility was owning up to their mistakes and accepting responsibility for taking her sweet brother’s life,” Marmorstein says.
Keches Can Help
If you suspect neglect at a group home or residential facility, nursing home negligence or an elder abuse law violation has caused harm to your loved one, contact us. A talented and capable Keches Law personal injury attorney is waiting to hear your story, and our firm has the resources to investigate your claim.
Keches Law Group is one of the largest and most well-respected personal injury and workers’ compensation law firms in Massachusetts. Since opening in 1986, we’ve recovered more than $2 billion for our clients. Other practice areas include social security disability, employment law, class action, medical malpractice, and more.
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