The Defendant Rest Assurer, LLC, who had a contract with the VA, provided the plaintiff, a 58-year-old veteran, four hours of home health care each day. On July 13, 2008 the plaintiff was found dead in puddles of urine at his home. The mattress and floor were also soaked. The decedent had not been bathed for what appeared to be at least a week. The family of the plaintiff took pictures at the scene of his death.
The plaintiff alleged that the defendant was negligent in failing to provide daily services pursuant to the agreement with the VA. This negligence resulted in the decedent developing ulcers and dying in abhorrent conditions. The plaintiff had forensic experts that testified saying the defendant had not performed services for at least three to five days and the decedent was suffering from ulcers due to the lack of care.
The defendant denied negligence for the decedent’s care. Rest Assured, LLC, also argued that it provided all contractual services four hours only each day and the family was required to take care of him the remaining hours of each day.
The alleged injuries were the decedent suffered early stage ulcers to his legs and feet. His daughter claimed emotional distress from seeing her father in the condition he was in.
In October of 2009, in Columbia, South Carolina, Rest Assurer, LLC agreed to pay the victims family $100,000 to settle the claim.