Jury Verdict Submission & Research

Ivette Ruiz was a resident of Willowglen Academy - Illinois, Inc. from Nov. 17, 2005 until Dec. 14, 2010. On Aug. 27, 2010, Ruiz fell and fractured a calcaneus and metatarsal. She received a walking boot cast, but was to remain off the foot as much as possible. On Nov. 24, 2010, Ruiz fell while unattended in the bathroom. On Nov. 28, 2010, Ruiz fell again and hurt her foot. On Dec. 1, 2010, Dr. Magrath assessed her ankle and gave directions for weight bearing as tolerated with assistance. Ruiz fell on Dec. 2, 2010 while walking unattended to the bathroom despite a recent ankle sprain. She fell later in the day while left standing unattended in her room. She was found unresponsive in her room and taken to FHN Hospital Emergency Room. On Dec. 14, 2010, Ruiz died at OSF St. Anthony Medical Center after an emergency admission.

On April 5, 2012, Rebecca Ruiz, as Independent Administrator of The Estate of Ivette Ruiz, deceased, filed a complaint in the Circuit Court of the Fifteenth Judicial Circuit, Stephenson County, Illinois against Phoenix Care Systems, Inc., a foreign corporation, the operator of Willowglen; Willowglen Academy - Illinois, Inc., an Illinois Corporation; Stephen Aho, R.N., Individually; David Heller, R.N., Individually; Sarah Martin, DSP, Individually; and Charles Tarpening, DSP, Individually. Plaintiff alleged that defendants failed to provide adequate medical and nursing care, to provide adequate supervision and assistance, to update and review medical charts, to properly document falls, to implement fall prevention policies, to communicate between staff, to properly attend Ruiz, to take her to the emergency room as needed; and to properly supervise Ruiz. Plaintiff asserted that the negligent acts and/or omissions of defendants resulted in the injuries that led to Ruiz's death. Plaintiff asserted wrongful death claims pursuant to 740 ILCS 180/1, 180/2, and 180/2.1; a survival claim; a wrongful death claim for negligence; a survival claim for willful and wanton conduct; and respondeat superior claims. Defendants filed an answer generally denying the claims and reserving the right to argue comparative fault.

The action proceeded to a jury trial before Judge David Jeffrey. On March 17, 2016, the jury returned a verdict in favor of plaintiff for $ 1,600,000. The award consisted of $ 600,000 for pain and suffering; $ 500,000 for the past and future loss of society to the Estate of Ivette Ruiz; and $ 500,000 for the past and future grief, sorrow, and mental suffering to the Estate of Ivette Ruiz.

For more information, including counsel and expert witness information, see our complete summary at: Rebecca Ruiz, as Independent Administrator of The Estate of Ivette Ruiz, deceased, v. Phoenix Care Systems, Inc., et al., 2016 Jury Verdicts LEXIS 1757.