Professional Negligence Law Reporter

Ned Allen, who suffered from severe aortic stenosis, delirium, and other health problems, was admitted to the North Mountain Medical and Rehabilitation Center after a tracheotomy and insertion of a pacemaker. Allen soon suffered falls, developed infections, experienced aspiration pneumonia, and suffered an anoxic brain injury. He was transferred out of the facility and died a few days later. He is survived by his wife and children.

Allen’s estate sued the facility’s owners and operators, alleging negligence, wrongful death, and violation of the state’s Adult Protective Services Act. Among other things, the plaintiff argued that the facility was understaffed and underfunded.

The court awarded $375,000. The parties then settled for $400,000.

Citation: Allen-Bailey v. Radiant Hills Health Assocs., LLC, No. CV2017-053386 (Ariz. Super. Ct. Maricopa Cnty. June 19, 2024).

Plaintiff counsel: Joshua Barton, Mesa, Ariz.