My client was a disabled double-leg amputee who required nursing care medical transportation to a dialysis medical facility, when the nurses transporting her failed to strap her into a gurney and dropped her. My client fell off of the gurney and crashed to the ground. My client was disabled and depended upon transportation to and from her required dialysis appointments. She was vulnerable and clearly dependent upon the transportation company and its employees to safely transport her. As a result of the fall, my client sustained severe injuries and required surgery.
The transportation nursing company admitted liability but attempted to settle the claim with low-ball settlement offers. As a result, I filed a lawsuit in Union County Superior Court on behalf of my client.
The defendant and its employees held themselves out to the general public as medical transportation company duly licensed to transport patients in need of emergency and non-emergent medically necessary transportation in New Jersey. My client received weekly transports from for medical care. The defendants undertook the care, treatment, supervision, monitoring and transportation of my client to a medically necessary appointment. The stretcher was not properly secured, and
its employees caused my client to be dropped to the concrete ground on her face and right arm, leaving her immobile and injured. As a result, suffered severe, painful injuries, including a complex fracture to her right arm that required ORIF surgery.
From the responding EMT’s reports, “The crew stated they were loading the patient onto a scale, when the patient fell. The patient severely injured her right arm. EMS-2 crew assumed patient care and contact from the crew and transported the patient to Overlook Medical Center.”
My client underwent emergency surgery at Overlook Medical Center. The emergency room x-rays, and physical examination demonstrated an open distal 1/3 ulna and radial shaft fracture. She also had a 1 cm poke hole traumatic laceration over the ulna fracture.
The surgeon performed an Open Reduction Internal Fixation surgical procedure. The fracture was then reduced with fracture clamps. A 6 hole 3 5 compression plate was placed on the volar aspect. A single bicortical screws placed distally. Dr. Leggett then compressed using the dynamic hole proximally. X-rays at this point demonstrated anatomic alignment safe hardware placement. Dr. Leggett placed 2 additional bicortical screws and then 2 locking screws in the remaining holes due to her very poor bone quality. At this point x-ray images were taken which showed anatomic alignment of the radial fracture and safe hardware placement.
Prior to trial, the defense attorneys for the nursing transportation company requested that this case be arbitrated by a professional mediator. With the assistance of a retired judge hired as a mediator, this case settled for $387,500. As a result, my client avoided the necessity and uncertainty of a trial and was able to be fully compensated for her injuries caused by the negligence of the nurses when they dropped her off of a stretcher.
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