Plaintiff Secures $5.5M in Wrongful Death Suit Against Nursing Home

An Illinois nursing home resident who depended on continuous supplemental oxygen died during a power outage, leading to a jury verdict involving her conscious pain and suffering and the losses suffered by her family.

The family of an 80-year-old Illinois nursing home resident filed a wrongful death and personal injury lawsuit after their loved one died during a power outage that allegedly interrupted the oxygen supply she depended on around the clock.

According to the case account reported by Yahoo Finance, the woman entered the nursing home in June 2016 to receive specialized care for serious medical conditions. Doctors determined that she required supplemental oxygen through a nasal cannula 24 hours a day, seven days a week. Her doctors estimated that she had a life expectancy of approximately three to six months.

$5.5M

Reported Jury Verdict

The jury reportedly awarded $5.5 million after hearing evidence concerning the resident’s final 20 minutes, including her conscious pain and suffering and the losses experienced by her family.

Quick Answer

The case reportedly went to trial in 2023 after the nursing home admitted negligence but disputed the damages. The jury heard evidence that the resident was without adequate oxygen during a power outage, struggled to breathe for approximately 20 minutes, and ultimately died from suffocation. The reported $5.5 million verdict included compensation associated with the resident’s suffering before death and the family’s grief, sorrow, mental suffering, and loss of society.

An Important Illinois Legal Distinction

A decedent’s conscious pain and suffering before death is generally addressed through a survival claim, while damages suffered by surviving family members, such as grief and loss of society, are addressed through the Illinois Wrongful Death Act. A case may involve both types of claims arising from the same death.

What Happened During the Power Outage?

On October 16, 2016, the woman’s daughters visited her at the nursing home and discovered that the power had gone out in her room. According to the case account, the outage interrupted the equipment needed to provide her supplemental oxygen.

The daughters reportedly searched for nursing staff to help their mother but could not locate a nurse or other nursing personnel available to provide assistance. The resident allegedly struggled to breathe for approximately 20 minutes before suffocating.

Medical experts hired by the plaintiffs reportedly described the resident’s final minutes as extremely distressing and compared the experience to drowning. That testimony became important in the jury’s consideration of the damages associated with the resident’s conscious suffering before death.

Continuous Oxygen Was Required

The resident’s medical condition required supplemental oxygen around the clock.

Power Was Lost

The alleged outage interrupted the resident’s access to the oxygen support she needed.

No Nursing Staff Were Found

Her daughters reportedly could not locate nursing personnel to provide the immediate assistance she needed.

The Nursing Home Admitted Negligence

According to the reported case, the nursing home admitted negligence before the case went to the jury. When a defendant admits negligence but disputes damages, the central question for the jury can become how much compensation is supported by the evidence.

Here, the plaintiffs presented evidence concerning the resident’s final 20 minutes, the medical distress she experienced, and the emotional and relational losses suffered by her family. The jury ultimately returned the reported $5.5 million verdict.

When Negligence Is No Longer the Main Dispute

If liability has been admitted, the trial can shift toward proving the extent of the losses. Medical testimony, evidence of conscious suffering, family testimony, treatment records, and evidence concerning loss of society can all become important to the amount of damages.

Pain and Suffering Before Death Is Different From Wrongful Death Damages

The reported case highlights an important distinction under Illinois law. The Illinois Wrongful Death Act provides damages for qualifying losses suffered by surviving beneficiaries as a result of the death, while Illinois’ survival statute allows certain personal injury claims belonging to the decedent to continue after death.

Under 755 ILCS 5/27-6, actions to recover damages for personal injury generally survive the death of the injured person, subject to applicable legal limitations and exceptions. This is the statutory basis through which a decedent’s claim for losses such as conscious pain and suffering may continue after death.

By contrast, 740 ILCS 180/2, governs the distribution and damages framework for wrongful death actions, including qualifying losses suffered by the surviving spouse and next of kin.

Survival Claim

Can preserve the decedent’s qualifying personal injury claims, including damages associated with conscious pain and suffering before death.

Wrongful Death Claim

Addresses qualifying losses suffered by the surviving spouse and next of kin because of the person’s death.

Why This Distinction Matters

The two claims are not interchangeable. The survival claim focuses on injuries and losses experienced by the decedent before death, while the wrongful death claim focuses on the losses experienced by surviving beneficiaries because the person died.

What Can Family Members Recover in an Illinois Wrongful Death Case?

Under 740 ILCS 180/2, damages in a wrongful death case can include qualifying pecuniary injuries and, for causes of action covered by the statute, damages for the grief, sorrow, and mental suffering of the surviving spouse and next of kin.

Loss of society can also be part of the damages analysis. Illinois courts have treated loss of society as a compensable component of wrongful death damages, with the evidence and amount depending on the relationship between the decedent and the surviving beneficiaries.

Grief and Sorrow

Illinois law permits qualifying wrongful death beneficiaries to seek damages for grief, sorrow, and mental suffering.

Loss of Society

Surviving beneficiaries may seek damages for the loss of the relationship, companionship, guidance, and other aspects of society recognized by Illinois law.

Financial Losses

Depending on the circumstances, damages may also address qualifying financial and pecuniary losses resulting from the death.

How Could a Resident With a Short Life Expectancy Have a Significant Claim?

The resident’s medical prognosis was an important part of the defense, but it did not eliminate the possibility of damages for the harm allegedly caused by the nursing home’s conduct. A person with a limited life expectancy still has legal interests that can be affected by negligent care.

Here, the reported evidence focused not simply on how long the woman was expected to live, but on what happened during the final portion of her life. The plaintiffs presented evidence that she experienced approximately 20 minutes of severe respiratory distress before she died.

The distinction is important: damages are not necessarily measured only by the number of years a person might otherwise have lived. The evidence may also address the injuries, suffering, and losses actually caused by the alleged negligence.

Life Expectancy Does Not Automatically Eliminate Damages

A short prognosis does not mean a resident can be denied compensation for injuries or conscious suffering allegedly caused by negligent care. The legally relevant question is what losses were caused by the defendant’s conduct and what damages are supported by the evidence.

Illinois Nursing Homes Can Be Liable for Negligent Acts or Omissions

Illinois’ Nursing Home Care Act specifically addresses liability for negligent conduct by nursing facility employees and agents. Under 210 ILCS 45/3-601, the owner and licensee of a nursing facility are liable to a resident for intentional or negligent acts or omissions of their agents or employees that injure the resident.

In this case, the allegations centered on whether the facility failed to provide the staffing and care necessary to respond to a power outage and maintain the resident’s medically necessary oxygen support. Those allegations would need to be evaluated against the facility’s records, policies, staffing records, medical documentation, and other evidence.

Medical Need

The resident had a documented need for continuous supplemental oxygen.

Power Failure

The outage allegedly interrupted the oxygen support being provided in the resident’s room.

Response Failure

The plaintiffs alleged that nursing staff were not available to provide the assistance required during the emergency.

Evidence That Can Matter in a Nursing Home Neglect Case

Serious nursing home cases often turn on records that show what the facility knew, what care the resident required, and how staff responded when the resident’s condition changed.

Records families may need to investigate

Medical records and physician orders concerning oxygen requirements.
Nursing notes and respiratory-care documentation.
Care plans and assessments.
Staffing schedules and payroll records.
Emergency response and incident reports.
Power outage records and facility emergency plans.
Equipment and maintenance records.
Statements from family members, employees, and other witnesses.
Hospital, coroner, and medical examiner records.

Emergency Planning Can Become Important

When a resident depends on powered medical equipment, a serious investigation may include the facility’s emergency-response procedures, backup-power capabilities, staff training, equipment maintenance, and policies for responding to a power interruption.

What This $5.5 Million Verdict Shows

The reported verdict demonstrates why the circumstances surrounding a nursing home resident’s final hours can matter substantially in a civil case. The resident’s limited life expectancy did not prevent the jury from hearing evidence concerning her suffering, the circumstances of her death, and the losses experienced by her family.

It also illustrates why wrongful death and survival claims should be evaluated separately. The decedent’s conscious suffering before death can form part of a survival claim, while family members’ grief, sorrow, mental suffering, and loss of society can support damages under the Wrongful Death Act when the statutory requirements are met.

Jury verdicts are not guarantees of what another case will be worth. Every nursing home neglect case depends on its own facts, evidence, medical circumstances, applicable law, and damages.

Talk to a Decatur, IL Nursing Home Neglect and Abuse Attorney

A nursing home resident who depends on medical equipment or around-the-clock care can be especially vulnerable when a facility fails to respond appropriately to an emergency. When a loved one suffers an injury or death, the family’s legal options may include claims involving negligence, the Nursing Home Care Act, survival damages, and wrongful death.

Patel Law, PC represents grieving families in wrongful death cases involving Illinois nursing homes and other serious personal injury matters. Call our Decatur personal injury lawyers today to schedule a consultation and learn more about your legal options.