Diana Dawson, a 74-year-old suffering from Alzheimer’s, fell off her bed while under the care of a health aide at her Southwest Philadelphia home on the morning of Feb. 16, 2021. The fall marked the beginning of a 29-day decline in Dawson’s health that culminated with her death.
Earlier this month, a Philadelphia jury awarded Dawson’s children $14 million following a three-day trial, finding that negligence by the aide from Bayada Home Health Care, a Moorestown nonprofit that has become one of the nation’s largest home care companies, caused the woman’s injury and eventual demise.
Dawson fractured her pelvis when she fell off her bed, and in the following days she suffered from pain and stopped eating, according to court records.
The lawsuit, filed in 2023 in the Philadelphia Court of Common Pleas, accused Bayada of subpar care. The aide was not named as a defendant.
The home aide “frankly ignored” Dawson when she fell, attorneys for the family said in court records. The aide then lied to the family that Dawson slipped onto a blanket and wasn’t hurt, the family alleged.
The fall was captured on video, which the jury saw as part of the trial. It shows the aide in the room at the time, according to Leonard Haberman, attorney representing the family.
“Watching the home health aide standing over her for a minute, which felt like an hour, not rendering her any assistance, was borderline cruel,” Haberman said.
Dawson was diagnosed with Alzheimer’s five years before her death. She still enjoyed parties and family barbecues, the attorney said, until the fall “stole” years from her life.
The family hired Bayada because Dawson was at risk for falls, requiring one-to-one supervision, the attorney said.
Bayada said in court records that the aide did not witness Dawson’s fall, and that she immediately notified Dawson’s daughter, who was also in the house.
It was only at the end of the aide’s morning shift that Dawson began complaining of pain, Bayada said in filings, after which Dawson’s daughter took her to a hospital.
The jury was not convinced and issued a verdict against Bayada composed of $4 million for damages, including pain and suffering, and $10 million for wrongful death.
During the trial, Common Pleas Judge Caroline Turner dismissed a count of corporate negligence, Haberman said.
A spokesperson for Bayada said in a statement that while the agency respects the jury’s decision, it finds the award inconsistent with the evidence presented at the trial.
“Importantly, the court determined there was no corporate negligence by BAYADA,“ the statement said. “We have asked the trial court to set aside the verdict and, if necessary, will also challenge the decision through the appeals process.”
The verdict is among the highest issued in Philadelphia this year, after a few years in which awards surpassing $10 million have been occurring more often.
In a highly unusual move, Bayada founder Mark Baiada donated the business to a nonprofit at the beginning of 2019. He remained chair of the organization’s board.
Since becoming a nonprofit, Bayada has had to make significant payments in at least two court cases. In 2021, it agreed to pay $17 million to settle allegations of illegal kickbacks in exchange for patient referrals.
Last year, Bayada settled a class-action lawsuit in Philadelphia alleging the company failed to pay nurses for time spent updating the incoming nurse or caregiver on a patient’s condition and for time spent in mandatory training sessions. A judge recently approved the $13.5 million settlement.
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