Professional Negligence Law Reporter

Kenneth Jefferson, 58, suffered from bipolar disorder, dementia, and a brain injury. He was placed in the Everett Rehabilitation and Nursing Center so that he could receive 24-hour care, and his treatment plan called for him to wear a soft helmet head protector when he was out of bed and to have supervision while ambulating.

While walking through the facility’s hallways unsupervised, he allegedly was pushed by another resident and fell to the floor, striking his head. Several days later, he was transferred to a hospital, where he later died of a traumatic head injury and brain bleed. Jefferson is survived by his sister.

Jefferson’s sister, individually and on behalf of his estate, sued the home’s owner and operator, alleging that the defendant had failed to supervise Jefferson and ensure that he was wearing his helmet at all times when out of bed. Additionally, suit alleged that the defendant had failed to investigate Jefferson’s alleged altercation with the other resident.

The defense argued that Jefferson’s death had resulted from a stroke.

The jury awarded $500,000.

Citation: Lopes v. ERNC Operating LLC, No. 18 0654 (Mass. Super. Ct. Norfolk Cty. Oct. 4, 2021).

Plaintiff counsel: Christopher Pasquale, Matthew C. Hanson, and Adam J. Combies, all of Boston.

Plaintiff experts: Peter Warinner, neurology, Wellesley Hills, Mass.; and Christine Pignatiello, skilled nursing, Leominster, Mass.

Defense expert: Joseph Schneider, neurosurgery, New Haven, Conn.