We make the impossible possible.

Litigation Funding Blog

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.

City Fire Department to Pay $1 Million Settlement in Wrongful Death Lawsuit to Family of Pregnant Woman for Failure of Paramedics to Assess and Transport

October 9, 2020

Paramedics are emergency responders who are educated in advanced emergency medical care. They are responsible for on-the-scene treatment and can administer medicine, interpret electrocardiograms (EKGs), perform a tracheotomy to create new airways, and apply pacemakers to control irregular heartbeats.

Under Michigan law, paramedics must respond to a request to emergency medical assistance. They must also apply life support techniques and treatment. The paramedics are liable for the treatment or lack thereof if their acts or omissions result in gross negligence or willful misconduct. Failure to properly assess and treatment the patient as well as failure to transport patient to the hospital for professional medical assessment are grossly negligent.

On March 14, 2016, Vicki Kitelinger went to Dignity Health hospital because she was had a cough and shortness of breath for a week. At the time, she was 17 weeks pregnant. The doctors found that her heartbeat was much higher than it should be especially during pregnancy. The doctors diagnosed Kitelinger with bronchitis and sent her home from the hospital with an inhaler.

Kitelinger had a family history of blood clots. However, during her medical assessment at Dignity Health the medical staff did not ask her whether she had a family history of blood clots. She also had her own medical history of varicose veins. Soon after returning home from the hospital, Vicki fainted twice. She then told her daughter she could not breathe, and her daughter called 911.

The paramedics arrived to the home shortly after the 911 call in a fire truck. An ambulance for transport never came to the house, and it is unknown if one was ever dispatched. After evaluating Kitelinger, the paramedics said that she was just have a panic attack and did not need further medical treatment. They told Vicki to call her family doctor the next day about her elevated blood pressure. Then, the paramedics left the house.

She went to her family physician the next day, as instructed by the paramedics. Determining that she was severely ill, her doctor had her transported to a nearby hospital. Once evaluated at the hospital, she was moved to the intensive care unit (ICU). In the ICU, her heart failed and her pulse was lost for ten minutes. She and her pregnancy could not be saved. She was removed from life support and died.

Her husband filed a lawsuit against Dignity Health hospital and the paramedics of the Phoenix Fire Department. The lawsuit alleges that Dignity Health failed to properly assessed her symptoms or diagnose her condition. The lawsuit also claims that the paramedics failure to assess and transport Kitelinger gave no chance of survival. While the lawsuit against the hospital is still ongoing, the city agreed to pay a $1 million settlement to Kitelinger’s husband and family regarding the claims against the fire department.

Senior Died Due to Brain Bleed a Month After Fall from Bed

November 17, 2017

A senior resident at an assisted living facility in Santa Fe fell out of bed, hitting his head on the floor. The Alzheimer’s’ patient was returned to bed without being provided medical care.

After the resident fell out of bed, a medical technician noted he had a small lump on the back of his skull. However, the resident was returned to bed without a medical examination. Fourteen days later a care worker found the man lying on the floor unable to get up and in pain. He had bruising on his hips, back and shoulders. He was given a painkiller. Soon, the patient stopped eating, rarely spoke and his breathing changed to rapid, open-mouthed gasps. A short time later, the man was found unresponsive and he later died.

The man’s autopsy report suggested the cause of death was blunt-force trauma which resulted in a brain bleed that likely lasted for over a month. The elderly man’s daughter filed a wrongful death lawsuit alleging that the home not only failed to prevent her father from falling, but was also repeatedly negligent in monitoring his care and medical condition.

The State Health Department inspectors found 74 violations had occurred over a 13-year period and that the facility had a history of recurring problems.

The lawsuit may take years to reach a resolution and if there is no other financial help available, such as family funding, investments or savings, the plaintiff may wish to consider applying for litigation funding.

Litigation funding, also referred to as pre-settlement funding, helps a financially struggling individuals to pay all of their expenses while waiting for the lawsuit to be resolved in court or settled out of court as a result of negotiations. Pre-settlement funding or a “lawsuit loan” can be beneficial for cash strapped victims waiting for justice while trying to pay bills and medical expenses. Litigation funding also gives an attorney time to build a case.

Receiving a lawsuit loan is not based on a plaintiff’s financial situation. It is based solely on the merits of the case. It is simple to apply and once funds are approved, they can be sent within 24 – 48 hours.

Talk to an experienced lawyer to discuss your potential wrongful death claim. Litigation Funding Corporation does not require repayment of the lawsuit loan unless your case is settled or won.

Undiagnosed Brain Tumor Leads to Death of 13-Year-Old Girl

March 29, 2017

A 13-year-old girl, in this wrongful death case, first went to a doctor in February 2016 complaining of bad headaches. She was diagnosed with migraines and was sent home.

During the first visit at the doctor, the girl was told to return if she kept having headaches or if she started to throw up. Two months later the girl went back to the doctor’s office on at least two separate occasions complaining of ongoing headaches, a numb tongue and vomiting. She was given a prescription for migraines.

In May 2016, while the girl was at the emergency room she stopped breathing twice and became unresponsive. At no point did the medical staff order a CT scan and instead suggested her non-responsiveness was behavioral in origin and that she may be faking her symptoms. Hours later the 13-year-old’s pupils became different sizes prompting a CT scan that revealed a massive tumor that had caused fluid to build up in the brain. The resulting pressure destroyed all neurological functions. Despite surgery, she was declared brain dead and her parents removed her from life support.

Her parents filed a medical negligence wrongful death lawsuit alleging that if the doctors had been more diligent in their diagnosis and treatment when her symptoms first manifested, their daughter may still be alive. According to the documents filed in this case, the numb tongue, nausea, severe migraines and vision problems were classic signals of a pediatric brain tumor.

Even though the parents in this case decided to file a lawsuit, they cannot wait to deal with pressing financial necessities, such as the medical bills from their daughter’s stay in hospital, the surgery, and paying for her funeral and burial expenses.

In their search for an attorney to handle their case, they may have run across information about litigation funding, an option that may be the perfect solution for them. Once the family has hired a lawyer and filed a claim, they become eligible for a “lawsuit loan”, also referred to as pre-settlement funding.

A “lawsuit loan” helps the plaintiff to cope financially while waiting for a fair and equitable settlement or jury verdict. Obtaining pre-settlement funding means the plaintiff does not have to deal with insurance companies, urging them to settle for less than they may get in court.

Family Settles Wrongful Death Lawsuit with Health Care Agency

March 8, 2017

Wrongful death lawsuits are typically filed by the family members of the deceased. Although nothing can heal the pain or bring a loved one back, bringing justice to those responsible for a wrongful death can bring peace of mind to the family and also help bring about change so others don’t suffer from the same wrongdoing.

In July 2015, we posted a blog to this site after an elderly woman with dementia died from injuries sustained after being thrown from her wheelchair while riding in a van with a caregiver. The family of the deceased woman filed a wrongful death lawsuit against the health care agency that employed the driver.

According the claim, the caregiver failed to properly strap in the woman before getting behind the wheel. Once on the road, for unknown reasons, the driver “suddenly and unexpectedly” braked, causing the woman to be thrown from her wheelchair into the dashboard. The lawsuit alleged that the caregiver sought help from “Good Samaritans” to get the woman back in the wheelchair, then took the woman back to her residence without seeking medical attention or calling an ambulance or police. The suit also claims the elderly woman’s family was not notified of the incident, and was later lied to about what happened. The elderly woman ultimately died four months later from multiple broken bones and internal injuries, according to the lawsuit.

Litigation Funding Corporation is happy to report that the family has reached an undisclosed settlement with the health care agency.

Sadly, it is only after innocent people are seriously injured or killed that something is done. The defendant said that they have implemented additional measures to protect the elderly and to reduce the risk of similar transportation accidents. “These protective measures include the purchase of safety harnesses for transporting the elderly and disabled; mandatory safety seminars for caregivers using the transportation van; increased supervision over all caregivers; and stringent hiring practices that include active and comprehensive driving records checks on caregivers that could possibly be transporting clients.”

The caregiver currently has first-degree felony injury to an elderly person charges pending against her.

Company Fined after Worker Crushed to Death by 3,000-pound Concrete Form

February 28, 2017

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees. Unfortunately, many employers’ shortcut OSHA standards exposing employees to significant increased risk of harm and workplace injury.

A 47-year-old man was killed in an industrial accident on August 22, 2016 while working at a concrete plant in Lake Hallie, Wisconsin.

According to a report by the Chippewa County Sheriff’s Department, the man was pinned beneath a piece of heavy industrial equipment because some safety measures weren’t followed. The report states that the 3,000-pound concrete form was hoisted four to six feet in the air before it came loose and fell on the worker. The hoist had two hooks – main and secondary. “It is believed that a secondary hook was not fully hooked,” according to the report. “This hook also did not have a safety latch which may have been a contributing factor.” The worker died instantly, suffering massive trauma to his head, chest and abdomen.

Occupational Safety and Health Administration (OSHA) recently issued two citations to the Wisconsin company, which has 15 days to pay the $135,804 fine, enter into talks with OSHA, or contest them to the Occupational Safety and Health Review Commission.

In addition to the fines, the company could face a civil lawsuit.

A wrongful death suit can be filed when a loved one is killed due the negligence of another party. Unfortunately, such claims could take years to wind through the legal process, leaving family members to bear the financial burden until a settlement is reached. When there is little or no life insurance, savings, or other funding sources, plaintiffs may be eligible for litigation funding.

At Litigation Funding Corporation, we evaluate case success and potential case value to determine if we can provide a plaintiff with a lawsuit cash advance. The primary objective in strategic litigation financing is to remove financial pressure to settle early and cheap, and to assure that the victims of a tragedy like this receive the compensation they deserve.

Litigation funding is based solely on the merits of the case; credit rating or job status does not matter. The application process is simple and if approved, the lawsuit cash advance can be available within 24 – 48 hours. Upon approval and a signed contract, the funds can be sent within 24 – 48 hours either by wire or by check. The money can be used immediately pay medical bills, funeral expenses, or any other costs associated with the accident and/or to deal with monthly financial obligations. The best part of a lawsuit cash advance is that it’s 100% risk-free. If the case is lost, our clients are under no obligation to repay the cash advance.

Litigation Funding Corporation has underwritten hundreds of these transactions and represented thousands more. Litigation funding is also available for auto accident cases, premises liability cases, medical malpractice cases, product liability case, airplane crash and train crash cases, and others. If you are in a pending personal injury or wrongful death lawsuit and need financial assistance, call 1-866-548-3863 to discuss your funding needs or to begin your lawsuit cash advance funding immediately. We look forward to helping you obtain justice.

Family Files Lawsuit Alleging Nursing Home Negligence After Resident Dies From Smoking Injurie

February 16, 2017

When you place your elderly loved one in a nursing home facility, it typically follows much consideration as to the needs of the elderly. You want to make sure that your loved one will be well-cared for and safe. Adequate supervision is crucial in protecting the safety of residents. Failure to do so is considered neglect and can result in injury, even death. A lawsuit may be the only way to seek justice and compensation for one’s loss. It may also be a means to improve safety and quality of care.

The family of a Pennsylvania man with Bipolar Disorder and Parkinson’s disease has filed a lawsuit against the nursing home where the man resided after he died from injuries sustained while smoking at the facility.

The patient needed assistance to eat, get dressed, and for personal hygiene, and was wheel-chair bound. He allegedly left the dining hall and went on a 9th floor balcony to smoke. The man was alone when an employee across the hall noticed the man was engulfed in flames, apparently after a paper ad plastic food shield he was wearing caught fire. The man was transported to a medical center where he was treated for serious burns, but he died less than a month later.

Smokers typically used a communal area on the ground floor with lighters attached to the walls, but the facility allegedly allowed residents to smoke on balconies following a recent Norovirus outbreak. In the case of this patient, however, he should not have been allowed to smoke unsupervised. In 2014, he endured an accidental cigarette burn and was transitioned from unsupervised smoking status to supervised.

The lawsuit alleges the nursing home was negligent in failing to protect its residents from avoidable accidents and allowing the man to smoke unsupervised. The lawsuit cites a Department of Health & Human Services report that found the nursing home did not meet state requirements and failed to provide a safe environment for residents who smoke. The report found that of those smokers interviewed, 30 percent suffered injuries. The plaintiff seeks for more than $150,000 in damages.

If your loved one suffered serious injuries or death because of nursing home negligence or the facility’s failure to fulfill its care obligations, you may have grounds for a nursing home lawsuit. Contact an experience attorney as soon as possible. If you are seeking financial assistance during a personal injury or wrongful death case, consider lawsuit funding. A lawsuit cash advance helps you pay the bills while giving your attorney time to strategize for a fair and equitable settlement.

A lawsuit cash advance take be obtained within 24 – 48 hours after receipt of a funding application and case documentation. Because lawsuit funding is not a traditional loan, factors such as employment history and financial standing are not required. The only concern is the validity of the lawsuit and the likelihood of its success. Additionally, repayment of the cash advance is completely based upon the settlement. If the case is lost, you owe us nothing.

If you believe you or a family member has experienced any form of abuse or neglect while residing in a nursing facility, consult an experienced attorney. If you are in a pending claim, and need financial assistance, contact Litigation Funding Corporation. Acquiring litigation funding could be the monetary flexibility you need, when you need it most.

First Female Dealer Appointed By General Motors Dies in Auto Accident

February 15, 2017

An Iowa woman died from injuries sustained in a two-vehicle crash last week. Her love of the auto business led her to open her own dealership. She was the first female dealer appointed by General Motors.
According to Davenport police, the driver of a Dodge truck crossed the center line, striking the woman’s car as she headed in the opposite direction. Both drivers were taken to an area hospital for serious injuries, where the woman later died. The truck driver was cited for driving left of the center, control of vehicle, driving under suspension, and no insurance. An investigation is ongoing.

Losing a loved one unexpectedly can be extremely difficult and painful. Resolving a claim can be exhausting; reaching a settlement is only half the battle, especially if the negligent driver had no insurance. The family may need to make a claim against the woman’s own insurance company if she had uninsured motorist coverage.
If a lawsuit is filed and the family is facing a significant financial burden due to funeral and burial expenses as well as other expenses as a result of the accident, they may be able to seek monetary support through a lawsuit cash advance, known as litigation funding.

While we can’t bring back a loved one, Litigation Funding Corporation is often able to help plaintiffs avoid financial difficulties until their case settles and compensation received.

Litigation funding is a cash advance to help take care of life’s necessities (mortgage, rent, food, utilities, gas, car payments, medical expenses, transportation, etc.) during a long, and sometimes, bumpy road to resolution. Unlike a traditional bank loan, personal credit has no bearing on the funding decision, and the applicant does not need to be employed. We fund strictly on case strength and require no monthly payments. Litigation funding is non-recourse. This means that you will only be responsible for paying back the advance if you win your case. Any obligation to repay the cash advance will be completely excused if the case fails.

Applying for a lawsuit cash advance begins after you have hired an attorney on a contingency bases. Once we received an application, we will begin the review process by obtaining case documentation from your attorney. If your application is approved, funds can be available within 24 – 48 hours by wire transfer or overnight mail. Remember, repayment is not made until the case settles, at which time it comes directly out of the proceeds of your case.

If you need further information or want to see if your case qualifies litigation funding, call Litigation Funding Corporation at 1-866-548-3863.

Plaintiffs of Helicopter Crash can Obtain Immediate Financial Relief with Pre-Settlement Litigation Funding

January 17, 2017

On April 4, 2016, a Bell 206-L helicopter on a sightseeing tour crashed before bursting into flames, killing the pilot and all four passengers on board. The helicopter was destroyed by fire. The crash also sparked a forest fire that created massive plumes of smoke.

The National Transportation Safety Board (NTSB) said the helicopter hit the side of a mountain before it went down; the agency has yet to release a final report.

The first lawsuit was filed by the husband and mother of one of the victims. She had gone on the flight with her son, daughter, and her daughter’s boyfriend who were in town visiting the woman and her husband. The complaint alleges negligence on the part of the owner of the helicopter company, claiming that he failed to properly maintain the helicopter and ensure the pilot was competent. The lawsuit goes on to state “the helicopter crash and subsequent death of [his wife] were the direct and proximate result of the negligent acts and omissions and conduct of [the owner],” and his team.

Litigation resulting from a helicopter crash can take years before a settlement is reached. It is difficult enough to suffer the death of a loved from a helicopter crash; the last thing surviving family members should worry about is their finances.

For victims in need of financial relief, pre-settlement litigation funding is a viable option. With non-recourse funding from Litigation Funding Corporation, plaintiffs can get immediate cash to pay the mounting bills and to meet monthly living expenses. Our litigation funding services are provided on a non-recourse basis. There are no credit or employment requirements to be met and no monthly payments to make. Funding is based strictly on the strengths and merits of the lawsuit. Most importantly, if our client does not win or settle, repayment of the lawsuit cash advance is waived.

The application and approval process is quite simple. All it takes to get started is to complete a one-page application; we do the rest. We will contact the plaintiff’s attorney for case documentation, and typical make a funding decision within 24 – 48 hours. When the lawsuit successfully settles, we are repaid from the case proceeds. Again, if the case fails, the repayment is waived.

If you have been seriously injured or lost a loved one in a crash, are currently involved in a drawn-out legal battle, have retained a contingent-fee attorney, have strong liability against a sufficiently insured defendant and need financial assistance, call Litigation Funding for a free analysis of your case funding situation.

$3.9M Lawsuit Filed Against Bar and Driver for Bizarre Hit-and-Run Death of Pedestrian

January 5, 2017

If you have been injured or lost a loved one in a drunk driving auto accident, are represented by an attorney, and experiencing financial hardship, you may be eligible for litigation funding. If you qualify, Litigation Funding Corporation, a leader in the legal funding industry, may be able to provide a lawsuit cash advance within in 24 – 48 hours.

A wrongful death lawsuit was recently filed against a drunk driver, as well as the bar that served her that night she hit two pedestrians, killing one.

The plaintiff said he and his father were crossing the street on foot when they were struck by the driver of a Honda Civic. The impact of the crash knocked the older pedestrian into the windshield, then onto the luggage rack on the car’s roof. The driver did not stop; she drove 11 blocks before the man fell off. He died along the side of the road as the woman left the scene. The younger pedestrian (also the plaintiff) required surgery for injuries he sustained.

While the crash was initially hit-and-run, police were able to track down the driver, who later pled guilty and sentence to eight years.

The lawsuit alleges driver negligence for driving while intoxicated and failing to control her vehicle. The complaint contends the bar was negligent in serving her alcohol while she was visibly intoxicated.

A bar can be held accountable for a wrongful death caused by a drunk driver if there is evidence that the bar illegally served alcohol to the driver prior to the crash. This is called a dram shop claim, and it is meant to hold bar owners accountable when their illegal behavior causes severe injury and death. Dram shop liability laws vary widely by state so it is important to consult a personal injury attorney versed in this area of the law to determine if you have a valid case.

These types of lawsuits will take a long time to sort out; the bar will likely mount a vigorous defense and a settlement or trial could be months, if not years, away. By the time the plaintiff is able to see a settlement, he may have medical bills, funeral expenses, and other bills piled up. If he needs financial assistance during the litigation process, Litigation Funding Corporation is here to help.

Litigation Funding Corporation is a reputable legal finance company helping victims regain control of their lives and their finances while their attorney focuses on strengthening their case to obtain the compensation justly deserved. Litigation funding is based on the strength of the case; credit and employment are irrelevant.

It is easy to apply for litigation funding either online or by phone. If approved, the cash advance can be available in as little as 24 hours. Litigation funding is risk-free; repayment is contingent of the outcome of the case meaning if you lose, repayment is excused.

If you have been in a drunk driving auto accident and experiencing financial hardship, contact Litigation Funding Corporation for a “staying power” advantage, so you can fight for justice and the compensation you deserve.

Litigation Funding