Nursing home rape case settles mid-trial - Amount Not Disclosed
Nursing home rape case settles mid-trial
The family of 90-year-old woman sexually assaulted by a fellow resident at a South Milwaukee nursing home has settled its wrongful death case against the facility.
Lawyers for both sides alerted Circuit Judge Richard Sankovitz on Monday that the case had settled. A jury had listened to four days of testimony last week.
Mary Wolverton, counsel for defendants Franciscan Villa, Catholic Health Initiatives and its insurer, declined to comment on terms of the settlement.
Jeffrey Pittman, lead counsel for the estate of Mary Spiegl, did not return a call for comment.
Spiegl was sexually assaulted by a 90-year-old resident in January 2009. She died 18 days later.
The lawsuit claimed nursing home staff had not received sufficient training about resident-on-resident sexual assaults, and the nurse in charge mistakenly left the assailant, who was acutely sexually aggressive, unattended after he had been stopped from assaulting a different female resident.
He then found his way to Spiegl’s room and attacked her before a visitor heard distress from her room, entered and stopped the attack.
The man, who was mentally incompetent, was transferred to another facility but never charged criminally.