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Recent Injury Law Blog Posts

Watch the WA Supreme Court oral arguments for Wuthrich v. King County

Posted on 11 November 2015

Decide for yourself who has the more cogent arguments, when watching the Washington State Supreme Court oral arguments for W... Read more

Ray Kahler argues in front of the Washington State Supreme Court

Posted on 10 November 2015

Today, our own Ray Kahler* argued in front of the Washington State Supreme Court on behalf of plaintiff Wuthrich against King... Read more

Bike helmets may cause more harm? Really?

Posted on 23 October 2015

A recent WSJ article article lends credence to a faction of cyclists who suggest that mandatory bike helmet laws do more ha... Read more

Sanderson v. Evergreen Rehabilitation

Jeff Sanderson

Jeff Sanderson & mother Marjorie Gwynn

A 36-year-old, highly dependent brain injury patient suffered repeated neglect and abuse over the course of a one-year stay as a resident at Evergreen Rehabilitation Bremerton (Evergreen), a skilled nursing facility in Bremerton, Washington. Evergreen staff failed to monitor its patient's meals and calorie intake as ordered by a physician, resulting in an 80-pound weight gain in just a few months. In addition, Evergreen staff failed to provide restorative therapy, nursing care, and proper bathing and hygiene care to its patient because Evergreen admittedly lacked adequate staffing. On a few occasions, Evergreen staff allowed its patient to sit in urine soaked clothes for long periods of time. Also, when the patient arrived at Evergreen, he suffered from a condition called polyphagia — i.e., a tendency to eat too fast and too much. Physician orders required Evergreen staff to provide one-on-one monitoring and cueing during meals because the patient had a tendency to eat too fast, take large bites of food, and not chew his food, creating a risk of vomiting and aspiration. Evergreen failed to monitor and cue as ordered, resulting in multiple episodes of vomiting. On one occasion, Evergreen staff rolled the patient off his bed and onto the floor, causing minor injuries.

Characterizing its abuse as nothing more than a few "scrapes, bruises and some missed baths", Evergreen rejected any wrongdoing. The trier-of-fact disagreed and the court entered judgment against Evergreen.