Professional Negligence Law Reporter

Doe, 81, lived in a nursing home’s secure memory unit. She had a tendency to wander and had exit-seeking behaviors, necessitating her use of the Wanderguard, a wearable safety device.

After a door alarm was activated one morning, a nursing home staff member allegedly checked a stairwell but did not see that Doe had fallen down multiple flights of steps. Doe was later discovered at the bottom of the stairs, bleeding and crying for help. She suffered serious injuries, including a subarachnoid hemorrhage, and died eight days later.

Her estate sued the nursing home’s owners and operators, alleging failure to properly monitor Doe and provide adequate safety measures. The plaintiff claimed that although Doe was required to wear the Wanderguard, some of the exits in her unit were not equipped with the system.

The parties settled for $2 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Confidential Ct. May 1, 2021).

Plaintiff counsel: David Hoey and Britain Thames, both of North Reading, Mass.