Medical provider settles wrongful death for $50M

The family of an Illinois man with special needs who died after a respiratory equipment failure has settled a wrongful death lawsuit against a national medical equipment provider for $50 million.

A confidentiality agreement limits disclosure of the identities of the plaintiff and defendant, as well as defense counsel. The settlement was agreed to in mid-March, according to a heavily redacted release of claims provided by the Simon Law Firm, which represented the deceased’s family.

“Our client did everything she could to try 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,” said Simon Law attorney Johnny Simon. “No amount of money can ever bring back our client’s son, but a landmark settlement like this holds this company accountable for its egregious conduct.”

Simon described his client’s son as “a young man with intellectual disabilities (who) also suffered from a serious respiratory condition and required a respiratory device to help him breathe at night.”

“After his respiratory device allegedly failed, his mother called the durable medical equipment supplier repeatedly for help. Days later, his mother found him unresponsive in his bed, dead from the respiratory condition.”

The complaint accused the company of ignoring the mother’s pleas for help, violating federal Medicare standards by failing to provide a loaner machine, and choosing to seek reimbursement rather than aid a young man they knew needed help, Simon said.

The plaintiff initially sought $16 million in the first demand, countered by an initial offer of $450,000, the attorney added.

$50 million confidential settlement

Wrongful death

Venue: City of St. Louis Circuit Court

Case Number/Date: Confidential/March 14, 2025

Caption: confidential

Plaintiff’s attorneys: Johnny Simon (lead) and Jared Waldhoff; Simon Law, St. Louis; Kenny Powell, Powell Law Firm, St Louis

Defendant’s attorneys: Confidential

Insurance: Allianz (for defendant)