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Negligence - Verdict in favor of Plaintiff in the amount of US$3,546,778

Case Name:Joshua Wahl v. Aurora Residential Alternatives et al.
Case Number:12-CV-178
Outcome TypeJury Verdict
Court:Dunn County Circuit Court

Plaintiff's Complaint:
The plaintiff asserted claims of negligence, of violations of Wisconsin's Mental Health Act, and claims for punitive damages.

Injury, Damage, or Loss:
Joshua Wahl, a developmentally disabled individual who is paraplegic, was a resident at a community based residential facility (CBRF) owned by the defendants. In 2011, he developed an unstageable (later identified as Stage IV) decubitus ulcer with osteomyelitis on his left ischium arising from failures by staff to ensure adequate pressure relief by turning and repositioning Joshua. The sore was present for at least 6-8 weeks in the summer and fall of 2011, before staff sought medical attention. In October 2011, layperson staff attempted to resolve the sore by using baby powder on it and dressing it with gauze, without the input of a health care provider. The sore continued to deteriorate, and Joshua was finally taken to urgent care on October 28, 2011. Following his trip to urgent care, Joshua continued to see health care providers, including a wound care specialist, on an outpatient basis. Staff failed to follow outpatient care directions from health care providers, and continued to fail in providing adequate pressure relief by turning and repositioning Joshua. In late December of 2011, Joshua was taken to the hospital with a diagnosis of sepsis. Joshua spent approximately one month in the hospital. While in the hospital, he developed a related decubitus ulcer on his sacrum. He was discharged to a skilled nursing facility for wound care, and his wounds finally healed in December 2012 after approximately a year of skilled wound care.

Plaintiff's Attorneys:
Matthew Boller, Boller & Vaughan, LLC James Biese, Boller & Vaughan, LLC

Defendant's Attorneys:
Timothy Waldeck, Waldeck Law Firm, P.A. Theodore Waldeck, Waldeck Law Firm, P.A.

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Published on Sep-5-14


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