On July 24th, our attorneys secured $875,000 for the family of Antonio Mares, a resident of the Center Home for Hispanic Elderly in Chicago’s Wicker Park neighborhood. Physician’s orders indicated that Mr. Mares was to only receive soft foods, a requirement that was violated by the facility and resulted in his death.
In November 2012, a CNA brought Mr. Mares his dinner, which consisted of a food not allowed by his diet plan, and left his room. The CNA returned to find Mr. Mares choking and unsuccessfully attempted the Heimlich maneuver. The CNA also used the call button in his room, but no members of the nursing staff responded. Mr. Mares’ death is the result of neglecting to follow a physician-ordered diet plan, as well as failing to adhere to the standard of care for those who are at risk of choking. All nursing home residents who are determined to be at risk for choking are to be closely supervised while eating.
In a statement made by Isela Mares, Mr. Mares’ daughter, she says “Our family was robbed of the opportunity to properly say goodbye to my father, and while no sum of money will ever make up for our loss, we are hopeful that this settlement will incentivize the nursing home to make some needed changes.”