Carbon Monoxide Poisoning of 91 year old Settled for $518,000.
With the cold weather now, hopefully over, there will still be nights when we might just want to warm up by the fire. Beware: there are dangers that have been recently reported due to faulty fireplace gas logs. Lennox Hearth Products has recalled their Vent-Free Gas Logs due to gas leaks, fire hazards and possible carbon monoxide poisoning
Early symptoms of carbon monoxide poisoning, such as headaches, nausea, and fatigue, are often mistaken for the flu because the deadly gas goes undetected in a home. Prolonged exposure can lead to brain damage and even death, as in the following case which our firm litigated
Mrs. X was 91 years old, partially blind, and confined to a wheelchair in an upscale assisted living senior citizens nursing home. The property was beautifully kept with an excellent staff-to-patient ratio. Mrs. X, in addition to the facility personnel, had her own outside companions to assist her. Her children, both professionals, took the greatest of care for their mom who, despite her age and physical infirmities, had full presence of mind and was still laughing and telling stories to her grandchildren and great grandchildren.
Mrs. X and her home healthcare worker were found one morning when she failed to answer her door for the breakfast call. Facility nurses found Mrs. X comatose and the companion groggy and disoriented on the floor. Emergency rescue was called and they rushed both ladies to the hospital. While the healthcare aid survived without serious consequences, Mrs. X did not fare so well. Despite receiving administration of 100% oxygen and hyperbaric oxygen therapy treatment, Mrs. X remained in a comatose state for 3 weeks, and a diagnosis of brain death left no alternative to her family than to permit removal of the life support system which was keeping her alive.
Because of the age of the decedent, and the expenses involved in litigating a carbon monoxide poisoning case, the family was turned down by two firms which the family sought to engage. As a personal favor to the family of the decedent, PP&L accepted the case with the proviso that should PP&L not find a substantial basis of responsibility that would make litigating feasible, the firm had the option to withdraw from the case.
The source of the carbon monoxide poisoning, initially a mystery, was discovered by the firm's own attorney who, after taking exterior pictures of the facility and the hiring an engineering expert, determined that the hot water furnace system fresh air intake was improperly placed near the fresh air intake of the air conditioning system of the apartment. Further discovery proved that the facility did not properly maintain their boiler system and had permitted their janitor to access the system and "jimmy" the system to produce hot water when the system over ride had shut down the boiler because of excess carbon monoxide.
PP&L was able to settle the case after discovery showed that the cause of the death was a result of the boiler manufacturer's errors, the heating and air conditioning contractor's errors and the nursing home's failure to maintain the integrity of their mechanicals, for a sum in excess of a half a million dollars for the family of the 91year old decedents estate.
