New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447


Case Title                        Anonymous v. Anonymous                               


County                                           Anonymous                                                              


Date of Injury:                             November 2005                                                       


Liability Facts:


This is a medical negligence claim arising from the defendants’ failure to appropriately manage a sedated patient during her hospitalization in the fall of 2005, which resulted in the death of a 76-year-old woman.

Briefly, on November 13, 2005, the decedent, a 76 year-old woman, presented to the emergency department of a local hospital with complaints of fatigue and SOB. She was admitted to the hospital with severe anemia and probable GI bleed.

Days into her hospitalization, on the evening of November 17, 2005, she complained of having difficulty sleeping and was administered IV Ativan.  Approximately 2 hours later, she was found unconscious on the floor of her room, following a reported loud noise heard by the nursing staff.  She was found unconscious on the floor and was transferred to the ER were she was intubated and sent for CT scan of the brain, which revealed serious injuries, and resulted in her untimely demise several days later.


Plaintiff:        Sex   F        Age   76       


Plaintiff’s Theory of Liability:



The defendant hospital, acting by and through its employees and agents, failed to take precautions to ensure that the plaintiff was properly monitored, failed to assess the plaintiff’s high risk fall status following sedation, and otherwise failed to  to possess the knowledge and exercise the degree of care and skill as should the average and prudent practitioner under the same or similar circumstances.




The deceased plaintiff suffered a very large subdural hematoma, a subarachnoid hemorrhage, a fracture of the zygomatic arch and right temporal bone, as well as nondisplaced fracture of the occipital bone.  The family was advised of her grave condition, and it was decided that they would treat for comfort only.  She passed away soon thereafter.


As a result of the defendants’ negligence, the plaintiff suffered extreme pain and suffering, and ultimately lost her life.



The estate of the deceased woman settled her claim before filing suit for a confidential amount.


For Plaintiff:   Kevin F. Dugan, Esq.

Abramson, Brown & Dugan, P.A.

1819 Elm Street

Manchester, New Hampshire