The plaintiff who suffered a stroke in 2001 was wheelchair bound and unable to work. At home, he was cared for by his wife and a personal care assistant. He began attending an adult daycare facility shortly after the stroke. The facility provided a specialized van and driver to transport the plaintiff to and from the facility. The van was equipped for transfer of wheelchair bound patients and per regulations, had 4 safety straps to secure the wheelchair. In July of 2008, the defendant driver only used 3 of the safety straps to safeguard the plaintiff’s wheelchair. As the driver pulled away, the wheelchair tipped over causing the plaintiff to strike his head sustaining significant injuries.
Plaintiff underwent surgery and was hospitalized for 3 weeks. He then received inpatient treatment at a rehabilitation facility for approximately 1 month and was then confined to a nursing home facility where he remains to this day.
Plaintiff’s theory was that the wheelchair injury caused the need for life long nursing home care. Defendants argued that plaintiff was already fully dependent for all activities of daily living prior to the accident and that his neurological impairment was a result of the prior stroke, not the accident.
Mr. Hoey is passionate about his practice in the areas of nursing home abuse and neglect, assisted living facility cases and injuries to the elderly. To learn more about David and why he chose this area of practice, watch this short video.
David is a published author and his works include “Prosecuting Nursing Home Cases in Massachusetts” (Lawyers Weekly), “Most Common Mistakes Attorneys Make in Prosecuting Nursing Home Cases” (ATLA), and co-authored the West Publishing series nursing home litigation manuals.
To see more verdict and settlement results by the Mr. Hoey and his team, click here.
Congratulations to David, his client and the team at the Law Offices of David J. Hoey, P.C. on a job well done.
Senior Vice President