Professional Negligence Law Reporter
Verdicts & Settlements: Home Health Care
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Facilitation of patient’s drug use
October 22, 2024Daniel Russell, a 35-year-old man with a history of drug abuse and depression, suffered from quadriplegia and received services from Res-Care Washington, Inc. One day, emergency responders came to Russell’s home and intubated him. He was taken to a hospital, where he was diagnosed as having suffered severe brain damage. A toxicology screen was positive for cannabinoids, benzodiazepines, and cocaine metabolites. He died in the ICU 22 days later. He is survived by his sister and parents.
Russell’s estate sued Res-Care Wash., Inc., alleging it was vicariously liable for the acts of its employees who provided in-home care to Russell. The plaintiff claimed that the defendant’s agents had negligently facilitated Russell’s ongoing use of nonprescription medication and failed to report his drug use to protective services.
The court awarded $500,000.
Citation: Russell v. Res-Care Wash., Inc., No. 23-2-04757-1 (Wash. Super. Ct. Pierce Cnty. July 26, 2024).
Plaintiff counsel: AAJ members Amanda Searle and Marta O’Brien, both of Tacoma, Wash.
