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Positional Asphyxia Death Settlement from Physical Restraint Maneuver

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Our Michigan medical negligence lawyers recently settled a case against a Tuscola County Adult Foster Care facility for causing the wrongful death of a 27 year old man from positional asphyxia.  The patient was admitted to the facility for care and treatment of a traumatic brain injury.  Due to his condition, he had episodes of unpredictable behavior and disorientation.

During one such episode, the facility staff entered his room to try to control his behavior.  Two male staff members pinned him down as an attempt to calm his behavior.  However, they used an improper physical restraint maneuver by laying across his chest.  As a result of this improper physical restraint maneuver, the man was unable to expand his diaphragm and could not breathe.  Unfortunately, within a few minutes of being restrained in such a manner, the young man’s heart stopped beating and he died. An autopsy performed determined that the young man died from asphyxia from pressure being placed on his chest and belly.         

The parents of the resident contacted our medical negligence legal team to investigate the case and to determine whether the facility and staff members could be held accountable for the untimely death of their son.  We conducted a thorough investigation of the matter and retained several nationally respected experts on the subject to assist us with the case.   We presented this information to the facility and we were able settle the case prior to filing a Complaint in Tuscola County Circuit Court.  The amount of the settlement is subject to a confidentiality agreement.

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