Jury Awards $11 Million Verdict in Assisted Living Case

Last Updated on: 18th September 2018, 09:24 am

PHOENIX, ARIZONA – An jury awarded a verdict of $11 million today to the widow of a man with traumatic brain injury (TBI) who died after ingesting foreign objects while being cared for by Liberty Manor Residency, an assisted living facility. The verdict included $4 million in punitive damages and is believed to be the largest verdicts ever rendered in Arizona against an assisted living facility.

The plaintiff saw it as a victory for all individuals suffering from TBI and living in assisted living facilities. The decedent in this case, Earl Scherrer, suffered TBI in a car accident in 1996. After being in a coma for many months, he was starting to come out of it with the help of his loving wife. On April 7, 2006, his wife put Mr. Scherrer in the assisted living facility to help with his care, and exactly one month after that when she brought her husband home with her Mr. Scherrer began vomiting a mysterious black substance, and then died in her arms.

The autopsy revealed that Mr. Scherrer had apparently injested numerous non-food items while under the care of the assisted living facility, including plastic bags, unopened ketchup packets, candy wrappers, and paper towels. The obstruction that these caused in Mr. Scherrer’s gastrointestinal tract resulted in his death. The investigation also revealed numerous cases of false documentation of Mr. Scherrer’s care.

It is through verdicts like these that assisted living facilities for the elderly and dependent adults will be forced to treat their residents with higher standards of care. Particularly because these individuals are often defenseless, it is sometimes necessary for the family members and attorneys to ensure justice is done. Berman & Riedel, LLP has successfully brought numerous lawsuits against assisted living facilities under similar circumstances, and recovered substantial amounts in settlements. If you or a loved one has been neglected or abused at an assisted living facility an attorney at Berman & Riedel, LLP can analyze the situation and pursue all legal remedies. Our attorneys are available for a free consultation.


About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others.

Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.

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Attorney Bill Berman

William M. Berman, Esquire
Berman & Riedel, LLP
12264 El Camino Real, Suite 300
San Diego, California 92130
ph: (858) 350-8855
fax: (858) 350-9855
email:
web: www.bermanlawyers.com