CHICAGO — On March 26, 2020, Cavanagh Law Group partners Tim Cavanagh and Mike Sorich obtained a $900,000 settlement for the sole surviving son of a man who died after a Chicagoland nursing home failed to properly administer prescribed medication for his father.
After nearly three years of litigation and with a trial date set, the nursing home agreed to the settlement but requested confidentiality. The victim’s son agreed not to disclose the case name or nursing home.
The settlement was approved by Judge Carolyn Gallagher of the Circuit Court of Cook County on June 5, 2020.
Thomas Fishleigh, 73, was brought to a suburban nursing home on April 24, 2017, after suffering a stroke. Pursuant to doctors’ orders, the nursing home staff was required to administer 21 medications each day to Fishleigh. From April 24 to May 15, the staff failed to give Fishleigh eight of his prescribed medications. Because of this, Fishleigh’s condition deteriorated rapidly and he died on June 7, 2017.
Cavanagh Law Group filed a wrongful death lawsuit in the Circuit Court of Cook County in 2018.
Defense attorneys for the nursing home argued that Fishleigh was already in poor health due to a previous stroke and that his death was caused by a preexisting condition. Cavanagh Law Group retained a nurse consultant and expert physician who determined the death was caused by the failure to administer the prescribed medication.
“Doctors, nurses and medical staff have difficult and important jobs, but they can make mistakes and need to be held accountable,” Cavanagh said. “Through expert testimony and a thorough investigation, we proved our client’s rapid deterioration and subsequent death was the direct result of the nursing home’s negligence.”
Fishleigh is survived by an adult son, Brandon Fishleigh.
“This situation was entirely preventable,” Sorich said. “From the day our client entered the nursing home, it was made crystal clear that he needed each of his medications every day. Had the nursing home staff followed the prescribing doctor’s instructions, Tom would be around today.”
The settlement is subject to a confidentiality agreement limiting the disclosure of the name of the nursing home and other information.