Professional Negligence Law Reporter

Albert Miller, a 95-year-old resident of Brookdale Senior Living, suffered from advanced dementia, blindness, and cardiac disease, among other medical issues. He began to suffer multiple falls, prompting his daughter to advocate for medication changes and for greater fall protections, including a removable lap belt for his wheelchair and a wheelchair alarm. These allegedly were not implemented, and Miller fell again. He suffered cervical neck fractures, which led to his death within a week. He is survived by his two adult children.

Miller’s daughter, on behalf of his estate, sued Brookdale Senior Living Community, Inc., alleging failure to implement adequate fall protections for Miller. The defendant reportedly argued that no physician had ordered one-to-one monitoring or restraints for Miller and that falls can occur notwithstanding reasonable supervision.

The parties settled for $250,000.

Citation: Jacobus v. Brookdale Senior Living Cmtys., Inc., No. 2020-02720 (Pa. Ct. Com. Pl. Bucks Cty. Dec. 8, 2020).

Plaintiff counsel: Andrew D. Swain, Philadelphia.