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Litigation Funding Blog

Attorneys Seek Over $9 Million from Hospital and Staff Members in Lawsuit for the Wrongful Death of a Mother of Two

May 25, 2021

On March 15, 2017, Maria G. Handley arrived at the emergency room with a very high fever, increase heart rate, low blood pressure; symptoms that are clear signs of an infection. She had an x-ray taken of her chest. The image showed an indication of pneumonia in the upper lobe of her right lung. The hospital later discharged Handley and sent her home with an antibiotic. The evening following her release from the hospital, Maria collapsed in her bathroom at home. Her son’s father took her back to Physician Healthcare Network hospital, which diagnosed her with septic shock. The hospital then transported her by helicopter to Henry Ford Hospital on the afternoon of March 17, 2017. Unfortunately, Ms. Handley died the morning of March 16, 2017, from pneumonia complications.

Attorneys for the estate of Maria G. Handley filed a lawsuit in St. Clair County Circuit Court against the Physician Healthcare Network hospital, the treating doctor, and a physician assistant. The complaint alleges that the negligence of the hospital and its staff contributed to Maria’s death. Her attorney alleges negligence in the failure of performing a complete blood count to determine the degree of Handley’s infection and which bacteria caused it. The lawsuit also alleges the failure to review the patient’s medical history that showed a recent pneumonia diagnosis and compromised immune system from a 2006 removal of her spleen. The attorneys sued for $812,500, the medical malpractice limit in Michigan, and more than nine million dollars for economic damages.

When a person dies due to a wrongful act, neglect, or fault of another person, the personal representative of the deceased victim’s estate may file a wrongful death lawsuit to recover damages. They may seek economic damages such as medical bills, lost wages, loss of future earnings, and burial costs. The case may also ask for noneconomic damages including, pain and suffering, mental anguish, loss of consortium, and loss of companionship. However, a party may hesitate to file the wrongful death lawsuit because the costs and fees associated with legal cases are too high. Litigation funding can help the person pursue the legal claim by removing the financial barriers and burdens.

Litigation funding is third-party financing to cover the legal costs and fees of a person’s lawsuit. The money is a conditional loan that helps pay for the attorneys’ fees, courts, and sometimes personal expenses during the case. Although the borrower uses the money to obtain legal representation, the attorney does not work for the legal funding company. The lawyer has an attorney-client relationship only with the borrower. The lender does not control the case or the legal services. If the client wins or settles the lawsuit, the third-party financer gets the loaned money back out of the judgment or settlement. Regardless of the case’s outcome, the borrower does not carry the risk of repaying the loan out-of-pocket.

Children of Army Veteran Who Froze to Death to Receive Settlement from the Federal Government in Wrongful Death Lawsuit

April 23, 2021

In December 2018, William S. Middleton Memorial Veterans Hospital in Madison, Wisconsin, discharged Army Veteran Vance Perry. On New Year’s Eve, a day after he left the hospital, Perry froze to death in a parking garage. The temperature the night before was six degrees below zero, and the veteran was only wearing a light jacket, baseball cap, and no gloves. The police found that he had no signs of trauma.

In a wrongful death lawsuit filed by Vance Perry’s family, the attorneys alleged fault and liability on the hospital for failing to make sure Mr. Perry got in the cab called for him. His five adult children claim the hospital knew that their father had a mental condition that put him at risk to wander. The hospital stated it did not realize Perry had not gotten home until someone from his residence contacted them. Furthermore, the lawsuit alleges that the hospital took no additional steps to alert the police or the public he was missing or possibly in danger.

A victim’s family filed a wrongful death lawsuit against the federal government. The United States agreed to settle the case for one million dollars paid to the Army veteran’s children. The settlement agreement does not admit fault or liability by the federal government. The will go to Perry’s children.

A victim’s family is likely to bring a wrongful death lawsuit in Michigan when their loved one’s death results from another person’s wrongful act, neglect, or fault. The personal representative of the deceased’s estate files the lawsuit to seek compensation for persons entitled to receive damages. However, the costs of court and attorney fees can hinder or prevent a person from pursuing the legal suit. If the person decides to file the court action, funding may be necessary to pay for litigation and personal expenses during the case. A great way to help cover financial obligations while waiting for a settlement or judgment is to choose litigation funding.

Legal funding is financing provided by a third party person or business unrelated to the litigation. Plaintiff receives the cash loan from the third party for expenses such as attorney’s fees, court costs, and personal expenses. In exchange for the funding, the plaintiff agrees to repay the loan from the money won or settled in the third-party funded lawsuit.

The benefit of pre-settlement financing is that the plaintiff does not repay the litigation funding out-of-pocket. The third-party financier does not get its money back if the plaintiff does not win or settle the case. The risk of repayment remains with the third-party investor. Therefore lawsuit funding helps to minimize the plaintiff’s financial burdens throughout the litigation process.

Former Owner of a Medicaid Firm Who Stole Nursing Home Residents’ Medicaid Applications Money Ordered to Pay $1.6 Million Judgment

March 23, 2021

Medicaid is a medical assistance program jointly run and funded by states’ and the federal governments. It provides health coverage to designated groups of people based on the eligibilities set forth in the programs. More than 70 million Americans receive Medicaid coverage. The participants include:

  • Low-income adults
  • Children
  • People with disabilities
  • Pregnant woman
  • Elderly people

To be eligible for Medicaid, applicants must meet such requirements as age and income. Individuals who ae children, aged, blind, or disable are automatically eligible for Medicaid. States may expand the provisions and programs provided by federal Medicaid. Under Michigan’s MI Choice program, persons aged 65 and older receive waivers for home and community-based health care services. The program is for individuals who would have needed nursing home care to get the same services in their homes and communities. The healthcare includes vision, dental, medical, and mental health services.

For some elderly people, Medicaid may be their only affordable option for health care treatment and maintenance. The application and approval process may be unknown or difficult to navigate on their own; therefore, elderly persons may rely on businesses that purport to provide services to guide them in obtaining Medicaid. However, as vulnerable members of society, the elderly may fall prey to fraudulent and unscrupulous businesses.

Nissim Aryeh, owner of Advanta Medicaid Specialists, allegedly stole hundreds of thousands of dollars from nursing home residents and their families. The former Medicaid firm, which was located in Lakewood New Jersey, stole the money from individuals who were seeking help with Medicaid applications. The customer paid between $3,000 to $9,000 for the services. When the families reported that they had not receive the promised services nor refunds if the applications were not approved, the state launched an investigation into the firm and the allegations. The investigators said Advanta took over $300,000 from its customers.

In December 2019, a civil lawsuit was filed against Aryeh and his company’s agent Chaim Feller. The charge for the owner and agent was transferring company funds into their personal accounts to spend on their personal expenses. The court found them liable for 131 violations of New Jersey’s consumer protection laws and regulations and ordered them to pay $1.3 million. The judgment amount includes consumer restitution, civil penalties, attorneys’ fees, and investigative costs.

Nursing home mistreatment may occur in the form of abuse, neglect, or exploitation. In Michigan, over 70,000 adults are victims of elder abuse. State and federal laws are in place to prevent elder exploitation. Civil remedies and criminal penalties are available to individuals and entities that financially, mentally, or emotionally abuse the elderly. Victims of elder exploitation may file a lawsuit for recover the damages they suffered such as, loss of money, emotional distress, humiliation, and loss of property. Some people who are 65 years old and older may be on fixed or low incomes. They may not have the additional funds to file a lawsuit. Lawsuits sometimes take years to settle resolve. throughout the lawsuit costs and fees arise and accrue. Legal financing can help to lighten the financial weight of a lawsuit.

Legal financing or legal funding is a conditional loan provided by a third-party financing company to help a litigant fund his lawsuit. When the plaintiff borrows the money from the lender, the loan is paid back to the third-party funder if the plaintiff wins or settles the lawsuit. The risk of repayment remains with the lender. The terms of the loan may also list the percentage of the plaintiff’s award that goes to the lender as repayment or in addition to repayment of the loan.

Additionally the third-party financer funds the lawsuit but does not control it. Even if the litigation funding pays for the attorney’s fees, the attorney works for the borrower. Therefore, the attorney must maintain attorney-client privilege and cannot provide privileged information to the lender without the client’s permission

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Son and estate of police detective killed in a motor vehicle accident receives a $14 million settlement

February 26, 2021

On December 24, 2018, Louisville Metro Police Detective Deidre Mengedoht was killed in a car accident after a semi-truck crashed into her police vehicle. The officer was conducting a traffic stop when the crash occurred. The semi-truck also injured people in the pickup truck that was pulled over. 

Roger Burdette, the truck driver, was a Metropolitan Sewer District (MSD) employee. At the time of the accident, he was in the course of his employment. MSD fired Burdette after the crash. 

Burdette was criminally charged with murder, four counts of wanton endangerment, driving under the influence of drugs or alcohol, and failing to give the right of way to a stopped emergency vehicle. Toxicology reports showed that the semi-truck driver had hydrocodone in his system at the time of the accident.

Two legal claims were filed. One lawsuit was submitted on behalf of the officer’s estate. The other lawsuit was brought on behalf of the detective’s son. The suits were filed against the semi-truck driver and his employer, Burdette and MSD, respectively. 

Burdette was accused of negligence and MSD of failure to employ, supervise and train Burdette properly.

The case went to mediation, and the parties settled for $13.65 million. The estate was awarded $10 million. The detective’s son, who was nine years old at the time of the crash, was awarded $3.65 million.  

The four individuals in the pickup truck also filed a separate lawsuit for their injuries and emotional trauma.

Wrongful death lawsuits arise when a person dies due to another person’s wrongful act or negligent act. In Michigan, a personal representative brings the lawsuit in the name of the estate of the person who died from the accident. The lawsuit can seek to recover compensation for economic and non-economic damages.

Non-economic losses include pain and suffering, emotional distress, and loss of consortium. The economic losses include medical expenses and care, burial costs, and loss of future earnings.

Wrongful death lawsuits cost money to begin the litigation. As the lawsuit progresses, additional fees and costs arise. Additionally, lawsuits are time-consuming and complex; therefore, it is best to hire an attorney to handle the case. However, attorney’s fees and costs can also add to the financial weight of litigation. Although a lawsuit may be costly, a person should not forego legal action when their legal injury caused them to suffer financial and emotional damages. Litigation funding may be the solution to the financial hurdle of a lawsuit.

Legal funding provides monetary assistance to a third party to pay for a lawsuit’s fees and costs. The financing helps a plaintiff hire legal representation based on skill and experience without settling for an attorney based on the costs. Although the third-party financing company pays the money for the litigation, it does not control the lawsuit. The client still decides the direction of the case. 

Also, the attorney does not work for the financer; they work for the client. Because of attorney-client privilege, communications remain private, and the legal funding company does not have the right privileged information.

“Another benefit of litigation financing is that the client does not pay back the loan out-of-pocket. The loan company only gets money back if the borrower wins or settles the case,” says Daren Monroe. The loan’s risk rests with the funding company, which provides financial relief to the plaintiff.

To learn more, visit https://www.litigationfundingcorp.com/.

Parents of Man Hit and Killed by Bus Awarded Jury Verdict of $20 Million

February 2, 2021

On June 29, 2017, 25-year-old Hunter Brown was traveling on a Greyhound Bus Lines bus from Seattle, Washington to California. During the ride, the bus driver stopped at a rest stop in Center Point, Oregon. While attempting to get back on the bus, Brown was run over by the bus and killed.

Brown’s parents filed a lawsuit against Greyhound Bus Lines. The lawsuit alleged the driver failed to count his passengers before leaving the rest stop. As a result, he left Brown behind. Passengers stated that when Brown fell, he was running alongside the bus and knocking on the bus door. After falling, the driver made a turn and roller over Brown. During the trial, a bus industry expert testified that the accident and resulting death could have been prevented if the driver took a headcount of the passengers.

The jury found Greyhound Bus Lines negligent in Brown’s death. The verdict in favor of his parents was $20 million in damages. The jury verdict stated that had the driver followed company policies, the accident may have been avoided. 

Wrongful death occurs when a person dies due to the wrongful act, neglect or fault of another party. A lawsuit for the injuries and resulting death can be filed on behalf of the deceased person’s estate. Michigan law also lists the persons that may be entitled to damages from the wrongful act and death. The individuals include the deceased’s spouse, children, parents and siblings. The lawsuit may seek damages for economic and noneconomic losses.

Economic losses include losses with a set monetary amount. They include medical expenses, medical care, lost wages and burial costs. Noneconomic losses suffered in a wrongful death action do not have set numerical values. Noneconomic losses include pain and suffering, mental anguish, mental distress, loss of companionship, loss of consortium, and loss of parental care.

Although a person may have a wrongful death action, they may not be able to pay for a lawsuit. The costs of starting a lawsuit accrue quickly. Even if a person decides to file the lawsuit without an attorney, they will still have to pay the court fees and other costs. Litigation funding provides financial ease.

Litigation funding or legal funding provides third-party financing to a person or party who pays for litigation costs. This funding allows the borrower to have some financial relief. The third-party financing company absorbs the risk of lending the money because the money is returned if the borrower wins or settles the lawsuit. Additionally, the borrower always retains control of their suit. The lender is only the financer; it does not control the case or the attorney. 

Hospital Settles Medical Malpractice Lawsuits for $3.7 Million

January 5, 2021

Hospitals have an influx of people entering, exiting, and checking-in every day. People go to the hospital for different reasons. Emergency rooms see patients with medical emergencies, minor pains and injuries, and when doctors’ offices are closed. Hospitals also contain primary doctors and specialists who see patients as a part of their scheduled doctor visits. Other departments within the hospital include the intensive care unit (ICU), labor and delivery, and the surgical department. Whatever the reason may be that causes a person to go to the hospital, he or she entrusts their health and health care to the trained medical professionals to provide adequate and appropriate care and treatment. When a medical professional fails to meet the legal standard of care, it is medical malpractice.

Three incidents occurring in 2015 and 2017 claim that University of Iowa Hospitals (UIHC) and Clinics (UIHC) and its employees were negligent in the care or treatment of patients. In February 2015, Robert Davis underwent spinal fusion back surgery. He was left with a significant neurological injury, which cause him to become a paraplegic. Also in 2015, Ardeth Wray was diagnosed with a non-cancerous tumor in her brain. The doctor who diagnosed her recommended surgical removal. Wray developed an infection, which required additional surgeries, an ICU stay, and time in skilled care recovery. She suffered a stroke during one of her additional surgeries. In the aftermath, Wray suffered from significant memory loss, vision loss, limited ability to speak, and struggles with most cognitive functions.

The third incident involved the death of Sharon Wiese. On November 12, 2017, Wiese was admitted to UIHC. The staff examined her esophagus, stomach, and small intestine. They placed feeding tube; however, the tube was placed in her esophagus instead of properly placed in her stomach. The hospital gave her feedings while the tube was in the improper location, which caused aspiration pneumonia in her lungs. She ultimately died from the pneumonia.

The family members of the three patients filed lawsuits against UIHC for medical malpractice. Robert Davis and his wife alleged in their lawsuit that the hospital was negligent in performing the spinal fusion and caused his significant neurological injury. He also claimed that facility failed to get his informed consent to perform the back surgery and that the physicians were improper in diagnosing and treating the conditions that arose the back surgery.

Ardeth Wray’s daughters filed a lawsuit on behalf of their mother. They asserted that the doctor recommended surgical removal of a non-cancerous brain tumor even though factors showed there may have been better options. However, the hospital disagreed with this assertion and stated that Wray was given the option of surgery or observation, and she chose surgery after knowing the risk involved. Her daughters also accused the doctor of failing to treat a preoperative bacteria with antibiotics before surgery to reduce the risk of infection during the surgery. They alleged that this failure to treat the bacteria led to Wray developing an infection that has left her with severe disabilities. Her daughters are now her caretakers because she is unable to live independently.

The husband and adult children of Sharon Wiese filed a lawsuit against UIHC after she died from aspiration pneumonia caused by improper placement of a feeding tube. After the staff inserted the feeding tube, they did not perform a x-ray to confirm that the tub was in the correct location. When the hospital restarted her feedings, the contents were going into her lungs instead of her stomach. The lawsuit claims that the hospital and staff breach their standards of care, which led to Sharon’s death.

UIHC agreed to settle the three lawsuits. The hospital agreed to pay the three families a total of $3.7 million for the medical malpractice lawsuits. Out of the total amount, Robert Davis’ lawsuit settled for $1 million. The daughters of Ardeth Wray received $700,000. The remainder of the settlement went to the husband and adult children of Sharon Wiese in the amount of $2 million.

Medical malpractice occurs when a medical or healthcare professional performs an negligent act, wrongful act, or fails to act when they have duty to do so. As a result of the malpractice, the patient suffers an injury. Out of the injury and act, the patient may have damages in which he is entitled to seek compensation. The damages may be economic, such as medical expenses, rehabilitation, and lost wages. Other damages may be noneconomic losses including, emotional distress, loss of enjoyment of life, loss of companionship, mental anguish, and disfigurement.

To seek recovery for the damages arising from medical malpractice, the harmed patient or deceased patient’s family member may file a medical malpractice or wrongful death lawsuit against the medical institutions and the staff involved. Although a party may have a valid lawsuit for medical malpractice damages, he may not have the financial ability to start and continue through the legal process. Rather than forego the lawsuit, the party wanting to file a lawsuit may seek funding for the case.

Litigation funding or a lawsuit loan is financing by a third-party to pay for the costs associated with a lawsuit. Court costs, attorney’s fees, and other expenses are involved in the litigation process. The legal financing allows the plaintiff to seek legal representation based an attorney’s or law firm’s experience and knowledge rather than solely on the cost. The legal funding allow the attorney to handle the lawsuit without worrying if she will be paid. The benefit for the borrower of a litigation loan is that he only repays the loan if the case settles or wins at trial. The third-party financing company assumes the risk that it may not get its money back from the borrower. Although the financing company pays the cost of the lawsuit, it does not have control over the case. It is also not privy to the communication between the attorney and the client.

Proposed Settlements Reached In Wrongful Death Lawsuits That Arose From the Intentional Killing of Patients At A Hospital By A Former Nursing Assistant

December 29, 2020

The Veterans Health Administration (VHA) is one of the largest health care system in the world. It provides training for most of the United States’ medical, nursing and allied health professionals. The VHA consists of over 1,200 health care facilities – medical centers and outpatient sites – that serve over nine million enrolled veterans each year. The VHA services include surgery, mental health, pharmacy, radiology, physical therapy, dental, and vision care.

Like civilian hospitals, the VA hospitals located within each state and territory have medical professionals to carry out the health care services and needs of the veteran-patients. Such job titles include doctors, pharmacists, nurses, and nursing assistants. Each medical professional plays a pivotal role in the care of the patients at the VA hospital.

In the United States, there are over 1.5 million certified nursing assistants. Commonly referred to as CNAs, they work under the supervision of a nurses. Their help patients with tasks that are physical, complex, and vital to proper medical care, such as:

  • Bathing patients
  • Turning or moving patients
  • Grooming patients (ex. brushing their teeth and hair)
  • Feeding patients
  • Wound care
  • Checking vital signa (ex. blood pressure, heart rate)

State laws set forth the legal duties that CNAs have to their patients. They must perform their work duties at the accepted standard of care in their industry and as required by law. Failure of a CNA to meet the legal duties and standards of care may result in her being held liable for injuries or other harm caused to the patients.

Reta Mays, a former hospital nursing assistant at the Louis A. Johnson VA Medical Center in West Virginia admitted to intentionally killing seven patients with fatal doses of insulin. In July 2020, she pleaded guilty to giving the patients wrongful insulin injections. At her plea hearing, she admitted to committing these killings while working the overnight shifts at the hospital between 2017 and 2018. However, she did not give the authorities a satisfactory reason for what her motivation and purpose were behind her actions.

The families of the veterans who died at the hands of Mays filed lawsuits against the hospital. The federal court filings stated that the VA and the VA hospital were negligent as to the murders because they happened under their watch. The hospital and the family members reached proposed settlements ranging in the amount from $700,000 to $975,000 for deaths of respective victims.

The unexpected death of a loved one brings an overwhelming flood of emotions. In addition to the sorrow and grief, many things must be done to prepare for the funeral and burial of the deceased. When a loved one who is intentionally killed by another person, the situation is intensified with anger and the strong need to get justice. The surviving family members may seek to file a lawsuit against all at-fault parties who contributed to the death of their loved one. However, expenses are involved in the funeral and burial process as well as filing a lawsuit. At the same time, normal financial obligation – bills, food, gas – still must be paid. While the financial preparation may have been set in the instance of the person dying, the surviving family may not have the extra money available to cover the costs associated with a lawsuit.

Rather than foregoing the lawsuit, the surviving family members may seek litigation funding to cover legal expenses. Also known as litigation financing, it is a financial option for people who want to seek legal compensation but do not have the funds to do so. A third-party financing company gives the money to pay for the legal fees. The money is an investment rather than a loan because the financing company may not get back the money. “The person receiving the financing only pays the money back to the financing company if he or she wins or settles the lawsuit,” Daren Monroe of Litigation Funding Corporation, Michigan.

Litigation Funding for Wrongful Death Lawsuits

December 1, 2020

Over two million people die every year in the United States. The causes of death include accidents, chronic health conditions, terminal illnesses, and natural causes . However, some people die because of negligence or intentional acts of other people. Although loved ones are not able to bring that the deceased, they may entitled to get compensation for the death by filing a wrongful death lawsuit against the at-fault person or entity.

Lawsuits can be expensive. The fee to file a lawsuit may be very high. In addition to court costs, you may have to pay for documents and other evidence needed to prove your cases. Whether you represent the wrongful death action yourself or hire an attorney, you still have to take care of the financial obligations outside of the lawsuit. Litigation funding is an option to help cover your legal costs throughout the case. If you need legal financing, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

What is Wrongful Death Lawsuit?

Michigan laws defines a wrongful death lawsuit as an action in which a person dies as result of wrongful act, neglect, or fault of another. State law allows the deceased’s spouse or other family member to bring a wrongful death court case on behalf of the deceased. If your family member died due to the fault of someone else, you can only bring a lawsuit if the decease could have file a lawsuit against for her injuries is she lived.

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Wrongful Death Settlement or Trial Win and Paying Back Litigation Funding

In a wrongful death action, the plaintiff may have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Funeral and burial costs
  • Pain and suffering deceased suffered during conscious times between injury and death
  • Loss of financial support
  • Loss of consortium

The damages are factors in settlement discussion and offers between parties. They may also contribute to the amount of damages decided in the verdict of a trial. If your lawsuit results in a settlement agreement or your win at trial, the legal financing company takes the amount or percentage of your legal award based on the contract between you and the company.

Hiring a Litigation Funding Company

If your loved died because of the fault of another person, business, or organization, you may need financial assistance to help cover the costs of filing a wrongful death lawsuit. Contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

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Litigation Funding for Nursing Home Abuse Lawsuits

November 5, 2020

Typically, when people think of nursing homes they think of elderly people. People of all ages may reside in nursing homes. Such facilities provide health and personal care services. In the United States, approximately 1.5 million people live in nursing homes. Each patient or resident be treated with consideration, respect and dignity. However, some nursing home workers abuse or neglect their patients. The vulnerable residence endure physical, emotional, and even medical damage from the abuse or neglect.

Nursing home patients may sue the facilities for the harm they receive from the employees; abuse. However, lawsuits can be expensive. Legal costs add up over the course of a lawsuit. In the meantime, the plaintiff must continue to pay for his other financial obligations. Litigation funding helps to cover your legal costs throughout the case. If you need legal financing, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

Nursing Home Abuse

Nursing home abuse is can be a form of elder abuse. The abuse is a harm to the elder’s health or welfare by another person. Michigan law requires that a nursing home patient or resident be free from mental and physical abuse. The Michigan Depart of Health and Human Services provides adult protective services to help protect elders, including ones in nursing homes from abuse

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Nursing Home Abuse Settlement or Trial Win and Paying Back Litigation Funding

A nursing home abuse action is an action claiming negligence by the facility. In a negligence action, the plaintiff must prove that the facility had a duty him as a patient or resident and that the nursing home failed to meet. The resident have suffered physical and emotional injuries and have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Pain and suffering deceased suffered during conscious times between injury and death
  • Loss of financial support
  • Loss of consortium

The damages are factors in settlement discussion and offers between parties. They may also contribute to the amount of damages decided in the verdict of a trial. If your lawsuit results in a settlement agreement or your win at trial, the legal financing company takes the amount or percentage of your legal award based on the contract between you and the company.

Hiring a Litigation Funding Company

If your loved died because of the fault of another person, business, or organization, you may need financial assistance to help cover the costs of filing a wrongful death lawsuit . Contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

Parents of 14-month-old girl settles wrongful death and medical malpractice lawsuit against health clinic for $750,000

October 23, 2020

Many children develop common childhood illnesses throughout their childhoods. Often the illnesses have minor effects on children health, and they recover quickly. Such illnesses include, bronchitis, sore throat, ear pain, common cold, and cough. Another disease common in children is croup, which is a respiratory illness. It causes a change in a child’s breathing due to swelling in the upper airways. A child with croup may have a cough that resembles barking and an associated raspy and hoarse voice. While some children may have mild symptoms, others may have croup for than three to five days or the mild symptoms worsen. In rare cases, croup may lead to respiratory failure and death.

In January 2016, a 14-month-old girl named Annabelle died after receiving treatment for croup at Cherry Street Services Inc., which was a federally qualified health center. Shelby Dorey, the Annabelle’s mother, allegedly took her daughter to the center with an over 103-degree fever, bad cough, loud breathing, and fatigue. She has signs of respiratory distress. At the health center, Annabelle was in the care of Physician Assistant Marguerite Sowers. The physician assistant (PA) reportedly diagnosed the child with croup and determined that she was not in acute distress. The PA noted that she found a regular heart rate. She then gave the mother a steroid medication prescription and told the mother to call if her daughter’s symptoms worsened.

Dorey states that several hours later while at home, her daughter stopped breathing and went limp. Annabelle’s parents performed CPR and called 911. When EMS arrived, they revived her and rushed her to the hospital. The 14-month-old was placed on a machine to breathe for her, however, she suffered severe brain damage and died five days later.

Annabelle’s parents filed a wrongful death and medical malpractice lawsuit, which claimed that the physician assistant failed to provided needed care. The lawsuit also claimed that in not immediately sending the child to the emergency department but rather telling the mother to take her home, the physician assistant denied care. The defense’s position was that it was more likely than not that further testing or sending Anabelle to the emergency room would not have changed the outcome. Although the defense denied the little girl received inappropriate care, they settled the lawsuit for $750,000.

In wrongful death cases, the family may have to spend a lot of money to pay for the funeral and burial costs. Although they may have a case against the party that caused the death of their loved one, they may not have the funds to obtain an attorney. However, it is best to retain a lawyer to handle the lawsuit. Lawsuits are time-consuming and overwhelming legal process. Lawsuits are also very costly and require paying for court costs, filing fees, and document production fees. Litigation funding can help to defray such costs and fees.

Litigation funding, also known as legal financing and third-party litigation funding, is financing from a third party to pay legal costs and fees. Legal financing has several benefits, such as:

  • Provides a financial ease and help for personal expenses
  • Provides the ability to obtain legal representation based on talent and not just cost
  • Allows attorneys to represent clients who otherwise could not avoid their costs and fees
  • Provides funding for all litigation fees

Another benefit of litigation funding is that the party who receives the financing does not have to reimburse the lender out of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Litigation financing offers the attorney and the client the opportunity to remove the ability to pay as a factor for providing and obtaining legal representation.” He continues, “The attorney and the client are able to focus solely on the litigation knowing that litigation financing is covering the costs and fees.”

Litigation Funding