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BROOKFIELD, WI – Attorney Jeffrey Pitman of Pitman, Kyle & Sicula, S.C. filed a personal injury lawsuit on behalf of a Superior man who was found dead in his nursing home room on Christmas day.

The resident, a 74-year old male, resided at New Perspectives, a community based residential facility in Brookfield, Wisconsin, where he received daily services from Aseracare hospice. The resident had a documented history of falls, including a fall on December 18, 2004, which resulted in a subdural hematoma. After this fall, New Perspective and Asercare staff had siderails installed on the resident’s bed. After the side rails were installed, on December 24, 2004, the resident was found sliding his legs off the bed with his feet almost to the floor.

In the early morning hours of Christmas day, the resident was found with his head lodged between the bedrails, the lower half of his body was off and falling off the bed and his right arm was extended holding part of the rail above his head while his chin was caught in the side rail. The resident was dead from strangulation.

In the lawsuit, the Plaintiffs allege that New Perspective nursing home and Aseracare hospice failed to implement fall prevention and care and services; failed to properly and correctly install, set, maintain, inspect and adjust the bedrails; failed to inspect the bedrails to identify areas of possible entrapment; and failed to take additional safety measures. Plaintiffs also alleged that Invacare Corporation and Home Care Mechanical failed to properly and safely install, warn, inspect and follow FDA safety recommendations. The lawsuit was filed in the Waukesha County Court.