Jury awards million to family in wrongful death case against home-care agency for Alzheimer’s patient.

In a significant legal case, a Philadelphia jury awarded million to the children of Diana Dawson, a 74-year-old woman diagnosed with Alzheimer’s. This decision stemmed from the woman’s fall while under the supervision of a health aide from Bayada Home Health Care, a Moorestown-based nonprofit organization known for providing home care services. Dawson’s fall on February 16, 2021, triggered a rapid decline in her health, ultimately leading to her death 29 days later.

Dawson suffered a fractured pelvis as a result of the fall, which left her in severe pain and affected her ability to eat in the days following the incident. The lawsuit, filed in the Philadelphia Court of Common Pleas in 2023, accused Bayada of providing inadequate care, while the aide involved was not named as a defendant in the case.

The family’s attorneys argued that the aide neglected her responsibilities by not assisting Dawson immediately after the fall and subsequently misinforming the family that Dawson had merely slipped onto a blanket. Video evidence presented during the trial allegedly displayed the aide standing over Dawson without providing assistance, leading to claims of cruel indifference.

Dawson had been living with Alzheimer’s for five years but had managed to maintain an active social life, enjoying gatherings with family and friends. The family had sought the services of Bayada specifically due to Dawson’s increased risk of falls, emphasizing the need for one-on-one supervision.

In its defense, Bayada contended that the aide did not witness the fall and asserted that she promptly informed Dawson’s daughter, who was present in the home. The company claimed that it was only at the end of the aide’s shift that Dawson began to express discomfort, prompting her daughter to take her to the hospital.

The jury’s decision included million allocated for damages associated with pain and suffering, and an additional million for wrongful death, despite Bayada’s argument that the financial award was disproportionate to the evidence available during the trial. Notably, the court dismissed a count of corporate negligence against the organization.

A spokesperson for Bayada expressed respect for the jury’s decision, yet indicated that they found the award inconsistent with the presented evidence, signaling potential plans to appeal. This verdict has emerged as one of the highest issued in Philadelphia thus far in the year and follows a pattern of substantial awards in wrongful death cases in the city.

In a notable shift, Bayada’s founder, Mark Baiada, donated the business to a nonprofit entity at the start of 2019, yet he continues to serve as chair of the board. This change has resulted in significant legal and financial repercussions for the organization, which has faced scrutiny in related cases, including a million settlement for allegations of illegal kickbacks in 2021 and a .5 million settlement for unpaid wages last year.

Media News Source emphasizes that the case reflects both the vulnerabilities within elder care systems and the ongoing challenges faced by home health agencies in ensuring quality care for their clients.