Trial Briefs

Henson, Fuerst, Fuerst and Poisson Settle Nursing Home Death Case for $5M

November 15, 2023   |   Marianna Baggett

Attorneys for plaintiff: Carma Henson, Rachel Fuerst and Thomas Henson of Henson Fuerst, P.A., and F. Davis Poisson III of Poisson, Poisson & Bower

Date of settlement: May 2023

An 89-year-old nursing home resident was attacked, beaten and killed by his roommate after being forced by the nursing home to share his room with a dangerous individual. The nursing home was aware that the attacker exhibited aggressive, threatening and violent behavior towards residents and staff, but the nursing home forced the victim and attacker to share a living space over the objections of both roommates. In fact, the attacker made a threat against the victim within two days of the deadly assault. The nursing home and its parent entity took no steps to protect the 89-year-old victim but instead prioritized profit.

Plaintiffs’ counsel brought claims against the nursing home, its parent entity and its individual owners for abuse and neglect, corporate negligence, administrative negligence and punitive damages. The case settled for $5 million in May 2023. The terms of the settlement, including the names of the parties, the names of defense counsel, insurance carriers and location of the lawsuit are confidential.