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Court: Wis. company not liable for $1.5M in death

By ASSOCIATED PRESS   Thursday, February 26, 2009 - 9:52 a.m.
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MADISON, Wis. (AP) — An insurance company doesn't have to pay $1.5 million to the estate of a developmentally disabled man who died after being left in a bathtub at a county group home.

The District 4 Court of Appeals says Wisconsin County Mutual Insurance Co.'s insurance policy with Wood County does not cover the 2003 death of Jacob Johnson.

A county employee left Johnson in a bath tub unattended for several hours. He nearly drowned and died days later.

Johnson's estate reached a settlement in which the county and one insurer paid $1.1 million. The deal allowed the estate to seek another $1.4 million from WC Mutual along with $100,000 to repay the county.

A lawyer for the estate says the court's Thursday ruling is a very disappointing result.




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(18)
nurse4u
Feb 27, 2009 at 6:59 p.m.
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gabby06-Yes, my sentiments exactly.

gabby06
Feb 27, 2009 at 5:42 p.m.
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nurse4u~You example is the exact reason why I hope this person is no longer working. I've seen some pretty bad stuff happen to patients and the caretaker still holds their license and are still employed. Not at the same facility though. Sometimes I wonder if some places even check into it. I care for each and everyone of my patients as if they were my grandparents, parents, or a child of mine. I could not imagine leavin gone in a bathtub for any amount of time unsupervised.

mickie
Feb 27, 2009 at 4:04 p.m.
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Sandman and DQdork- stupid comments.. Just stupid. Nothing further needed to say other then that.

nurse4u
Feb 27, 2009 at 2:58 p.m.
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gabby06- I am sure that theindividuals that were involved in this death are no longer able to practice.

I once worked for a home health agency when I was a CNA. I came across a situation that I witnessed and frankly, I was outraged. I reported it to my superiors immediately and to the owner. The individual who was involved in this particular situation, I felt was abusive to a resident. Not only was their behavior abusive, but it also could have been life threatening to this resident. To make a long story short, the person still held their position and I quit.

nurse4u
Feb 27, 2009 at 2:51 p.m.
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dq & sandman- A developmentally disabled individual usually requires 24 hour advanced medical care. Many individuals are not trained to provide this type of skilled care. In addition, a home may not be equipped with the necessary modifications or the family may not have a medical transport van. There are many reasons on why a family may not be able to care for a developmentally disabled person. With that being said, I think your comments are uncalled for and frankly, I feel sad for you.

ProudFighter11
Feb 27, 2009 at 9:56 a.m.
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One word Lawyers.

gabby06
Feb 27, 2009 at 9:32 a.m.
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My thoughts exactly, prevention. Why is the staff member not being charged with neglect? Their license should be pulled, and everyone who was working on that floor that night should be investigated. I know if something happens on the floor that I work on our director finds out where everyone was, what they were doing and what could have been done to prevent it (falls, choking, etc.)

Insurance companies make me sick! I don't understand how two people can have the exact same injuries from the exact same accident and one person gets millions and the other is lucky to get their medical bills paid. It disgusts me.

madman1961
Feb 27, 2009 at 9:23 a.m.
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sandman...

...does the phrase "walk a mile in their shoes" mean ANYTHING to you?

I thought not.

That is, next to the comment by dqandhallie, possibly one of the coldest things I've ever read here.

MsKari
Feb 27, 2009 at 9:22 a.m.
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dqandhallie you sound like an ass to me. The comment to bad he couldn't swim was very uncalled for. Although I do agree the insurance companies get away with to much you need to check yourself before you speak..

ragenia
Feb 27, 2009 at 6:46 a.m.
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Until you have endured having a child with disabilities do not judge the family. His parents could be 60 or 70 years old as far as we know. It is a challenge enough having a child with disabilities and knowing that they will never be able to live independently. I know many parents with children who have disabilities and place their children in group homes at the age of 18 or later. It doesn’t mean they love them any less. A lot of times it just means that they want more for them that they cannot give. Or the Parents cannot provide the most care for them. First seek to understand and then to be understood

Sandman
Feb 27, 2009 at 2:54 a.m.
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If the family loves 'em so much, keep 'em at home and wash 'em in your their own tub -- then they'll only have themselves to blame(and sue) when things go tragically (and inevitably) wrong! Take responsiblity for your own spawn!

bkrkim
Feb 26, 2009 at 11:33 p.m.
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nurse4u I think every American should watch Michael Moore's Sicko. I've been waiting a month for Aetna to approve some dental work I need. And my tooth is infected. I may be dead before I get an answer.

dqandhallie
Feb 26, 2009 at 11:11 p.m.
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no wunder our premiums are so high, just take a look at this silly law suit, it's not the insurance co's falute that this guy could not swim

prevention
Feb 26, 2009 at 8:40 p.m.
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Enough with the money! A man died due to the neglect of the staff member. Is the staff member and/or agency being held accountable?

mickie
Feb 26, 2009 at 5:05 p.m.
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It`s beyond sick and sad how these insurance companies get away with this crap. This poor man obviously was left for dead with NO thought or care given.. How UN dignified is this..?..

nurse4u
Feb 26, 2009 at 3:58 p.m.
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IMO- Insurance companies will find any loophole they can to not pay on a policy. Have you ever watched Michael Moore's "Sicko?"

janesvillean
Feb 26, 2009 at 11:40 a.m.
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Ah, this is weird, but it seems that there was a separate insurance policy for the group home, which paid out, whereas the court ruled that the county's general liability coverage did not apply. The county was trying to reach a settlement drawing on both insurers.

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