$50M settlement reached in medical device death case

A $50 million confidential settlement was reached after the death of a man with special needs due to needed medical device replacement.

St. Louis-based Simon Law attorneys John Simon and Jared Waldhoff, as well as Kenny Powell of The Powell Law Firm, represented the plaintiff, young man with intellectual disabilities who also suffered from a respiratory condition.

The respiratory condition required a device to help him sleep at night; after it allegedly failed, the deceased’s mother called the durable medical equipment supplier repeatedly for help. Days later, his mother discovered him unresponsive in bed, having succumbed to the respiratory illness.

“We alleged our client did everything she could to get her son the lifesaving device he needed to survive and was continually dismissed, sometimes ignored and shuffled around in the bureaucratic nightmare this company has created,” Simon said in a press release. “No amount of money can ever bring back out client’s son, but a landmark settlement like this holds this company accountable for its egregious conduct that we believe led to the death of a beautiful soul.”

Due to the confidentiality agreement, the equipment supplier involved cannot be named, but Simon Law accused the company of ignoring the mother’s calls for assistance, violating federal Medicare standards by failing to provide a loaner machine and choosing to seek reimbursement rather than help the young man.

“Parents of children and adults with special needs spend their lives advocating for their children, sometimes serving as the voice they do not have,” Simon stated. “This settlement serves as a voice for the young man who we allege needlessly died in this case and says ignoring a population that can’t speak for itself will not be tolerated.”