Rehab Patient Injured by Worker While Being Restrained — $1.15 Million Settlement

Our client was a patient in an outpatient mental health rehabilitation program. While at the facility, she got into an argument with two other program participants. A male employee intervened in an effort to de-escalate the argument. When the client ignored the employee’s warnings to stop the argument, the employee attempted to place the client into a therapeutic hold. Unfortunately for all involved, that hold went wrong. It resulted in several vertebral compression fractures to her thoracic spine and significant on-going post-traumatic stress symptoms.

Not all cases resolve without litigation, and some resolve after mediation.  This civil case for damages was mediated by the Honorable Johanna Fitzpatrick, (Ret.) of the McCammon Group.  At the mediation, Cory Ford of WilliamsFord and Chidi James of Blankingship and Keith argued that the restraint was unnecessary, that it was not performed properly, and that the restraint continued longer than necessary. Shortly after the mediation, the case resolved in favor of our client for a $1.15 million settlement.

Please note that case results depend upon a variety of factors unique to each case. Past successful case results do not guarantee or predict future results.

Archives

Practice Areas