| On February 6, 2003, 87 year-old Harold Scharf* was | | | | Mr. Scharf spent 6 weeks in a rehabilitation facility. |
| transferred to the residential care facility in Bothell, | | | | After Mr. Scharfs caretakers discovered that he |
| Washington. Mr. Scharf had been previously | | | | had fractured his hip, they confronted the care |
| diagnosed with dementia and Alzheimers disease. | | | | facility and its owner. They learned that Mr. Scharf |
| He was considered a risk for falling. The residential | | | | had been dropped, although the owner gave differing |
| care plan specifically stated that he was to be | | | | accounts of what happened. They immediately |
| assisted with two persons while walking or being | | | | contacted DSHS to report the incident. |
| transferred. | | | | DSHS conducted an investigation and found that the |
| On the first day Mr. Scharf was admitted, the staff | | | | care facility violated its own care plan and failed to |
| left him unattended while sitting on the bed. One | | | | promptly notify the agency and the residents |
| staff member attempted to move Mr. Scharf and he | | | | family members when Mr. Scharf was dropped. The |
| was dropped onto the floor. | | | | care facility was issued a citation. |
| The Washington State Department of Health and | | | | Mr. Scharf incurred medical bills of approximately |
| Social Services requires a residential care facility to | | | | $65,000, although this was disputed by the |
| report any injuries to a resident. Despite this | | | | defendants. Most of this expense was paid by |
| requirement, the facility failed to report that Mr. | | | | Medicare. However, Mr. Scharf is required to |
| Scharf was dropped onto the floor. | | | | reimburse Medicare for this expense out of his |
| Over the next several days, Mr. Scharfs personal | | | | settlement recovery proceeds. |
| caretaker noticed that he was acting unusual and | | | | Mr. Scharf is now 90 years old. He has made a near |
| that he would wince in pain with certain movements. | | | | full recovery. Unfortunately, his Alzheimers condition |
| About five (5) days later the caretaker noticed | | | | has worsened. He has no memory of his prior injury. |
| bruising on Mr. Scharfs right hip and leg. She | | | | He now uses a wheelchair and walks occasionally with |
| demanded that he be taken to the hospital. | | | | the assistance of a walker and his personal caretaker. |
| The ER staff at a nearby hospital in Bellevue could | | | | Initially the facility made no offer to settle the case. |
| not determine what was wrong with Mr. Scharf, that | | | | After Mr. Scharf's family hired me to represent them |
| is, until X-rays were taken of his legs and hips. These | | | | we were able to negotiate a $250,000 settlement. |
| showed that Mr. Scharf had suffered a fractured to | | | | *Some names have been changed to protect our |
| his right hip. He then underwent emergency surgery. | | | | clients privacy. |