Featured Case: Assisted Living Charged with Negligence in Wrongful Death Case
Sixty-four year old Mario Albizures suffered from a variety of mental and physical disabilities. He was a full-time resident of Life Well Lived Services, Inc. (LWLS) in Woodstock, Georgia and was completely dependent on their care. On June 26, 2014, Mario was the back seat of the SUV, returning from a doctor’s appointment, when he began choking on a sandwich. The LWLS employee driving the vehicle did not immediately pull over to render aide to Mario. Rather, she drove nearly 6 miles up the interstate before pulling over. By that time, Mario was unconscious and unresponsive. Mario never regained consciousness and died on July 7.
We represented Mario’s family in a wrongful death claim against LWLS and the negligent driver. We were able to prove that LWLS failed to complete a required choking risk assessment and implement a Choke Risk Protocol for Mario, even though his disabilities made him a choking risk. We also proved that LWLS was negligent in staff training as the driver was never made aware that Mario should be monitored while eating, another important factor that could have prevented his death.
After a full investigation and several focus groups, we were able to settle with the Defendants for a confidential amount and get justice for Mario and his family.
If you have a family member who has suffered at the hands of an assisted living facility, please contact us.