Assisted Living Facility Falsified Care Records for TBI Victim
The widow of a 36-year-old traumatic brain injury victim secured a landmark verdict of $11 million when he died after ingesting foreign objects while under the care of an assisted living facility. As a result of a car accident, Earl Scherrer suffered a severe TBI. He remained in a coma for 16 months. After emerging from his coma his wife worked with him day after day helping him to slowly start to speak. After many hours of devotion to his care and recovery she was forced to return to work and had to rely on assisted living and residential facilities to provide his 24-hour care. After placing him, a month later she received a call saying her husband had been vomiting. He died in her arms. Autopsy results showed a number of items including plastic bags, unopened catsup packets, candy wrappers and paper towels were found in his stomach and small intestines. During the subsequent negligent death trial it came to light that the facility entered many false notations in his chart claiming care was given on the days that Mrs. Scherrer had him at home. The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. It was the largest verdict ever awarded against an assisted living facility in the United States.
