Professional Negligence Law Reporter

Diana Figgins developed infected pressure ulcers while recovering from a broken foot. She underwent multiple procedures, including placement of a colostomy bag, and required more than one year of institutional care. When she was almost recovered, she was admitted to Pilot Butte Rehabilitation Center for a short-term stay before her discharge home. Nursing staff hooked Figgins to a Hoyer lift but allegedly did so improperly. As a result, Figgins fell and broke her femur. The fall also damaged a nearly healed pressure ulcer on her coccyx. Figgins required years of medical treatment to repair her femur and heal the pressure ulcer.

She sued the facility’s owner and operator, alleging negligence. The plaintiff asserted that she had been improperly hooked to the Hoyer lift and that the defendant had failed to train staff and select an appropriate lift for her specific weight.

The jury awarded more than $1 million.

Citation: Figgins v. BD Bend II, LLC, No. 22CV09776 (Or. Cir. Ct. Deschutes Cnty. Mar. 22, 2024).

Plaintiff counsel: AAJ member Christopher Kuhlman, Bend, Ore.