The verdict, $3.9 million dollars. The claimant? A former employee. Why, do you ask? Well, here’s the scenario. CNA providing care to a resident in the resident’s room. The room next door is being “terminally cleaned” including stripping the floor to be recoated. The cleaning solution seeps under the wall into the room where this aide is providing care. The aide continues to provide care, unaware that the cleaning solution is seeping under the wall. The aide slips and falls, sustaining several significant injuries, including a closed head injury. She lost consciousness and required hospitalization and long-term skilled therapy.  

Wow, big verdict, sad story. This CNA is a 25-year-old mother of three young children. She supported her family for years and is now unable to work for the foreseeable future. The facility is in the process of filing a post-trial motion and an appeal however, the jury obviously felt strongly that there was fault on behalf of the facility. So why the verdict of $3.9 million dollars? Seems outrageous, agreed, however, staff were interviewed and made statements that “they had previously complained about “it” (cleaning solution seeping under the walls into adjacent rooms) and nothing was ever done to correct the problem,” thus posing a safety risk to residents and staff.  

The “why?” Because no one listened. No one stopped to say “hmmmm, this could create a hazardous situation for staff and residents.” Maybe the facility did try to correct the problem. Maybe digging deeper, they may find that indeed, corrective actions were taken. The key? Staff didn’t think so, were unaware of any corrective actions taken and basically threw the facility under the proverbial bus. Talk to your staff! Be sure you are addressing their concerns especially related to overall safety in your center. Don’t be a victim. Don’t depend on an attorney to defend you. Do the right thing EVERY DAY and $3.9 million verdicts will be something you merely read about and not live. Stay well and stay informed!