Professional Negligence Law Reporter

Joseph Falarski, an 88-year-old man who suffered from dementia and other illnesses, was admitted to the Grand Rapids Home for Veterans. While living at the home, he sustained multiple falls, including while in the bathroom unassisted and during transfers. As a result, he suffered serious injuries, including a subdural hematoma, facial fractures, and lacerations. His health deteriorated after his last fall, leading to his death from medical complications of his fractures. He is survived by his wife and four children.

Falarski’s estate sued the Michigan Department of Military & Veterans Affairs and the home, alleging that the nursing home’s staff failed to provide proper assistance, respond to fall alarms, and adequately supervise Falarski, who the plaintiff claimed was regularly left alone for long periods. Additionally, suit alleged the defendant’s staffing levels were inadequate.

The defense argued that the home had followed Falarski’s care plan.

The parties settled for $775,000.

Citation: Falarski v. State of Mich. Dep’t of Military & Veterans Affairs, No. 17-000332-MZ (Mich. Ct. Cl. Apr. 16, 2021).

Plaintiff counsel: AAJ member Stephen R. Drew and Adam C. Sturdivant, both of Grand Rapids, Mich.