Settlement of Wrongful Death Case Where Resident Died of Hyperthermia and Had Body Temperature of 109.7 Degrees

Over the Easter weekend in 2001, the St. Louis, Missouri area experienced unusually hot weather.  For residents of this St. Louis County, Missouri skilled nursing facility, the hot weather resulted in soaring temperatures inside the brick facility.  The air conditioning in the building was an antiquated system that needed a professional company to initiate.  When the temperature in the facility dramatically increased, the professional company was unavailable to turn on the air conditioning.  Rather than seek out alternatives, the residents were left to tolerate the extreme heat with little to no assistance from the facility employees.  Many employees failed to go to work due to the heat and the Administrator, who was also a nurse, left for the weekend knowing the plight of the elderly residents but failing to find an alternative.  As a result, four residents died from the heat, including K.J., whose body temperature measured 109.7 degrees Fahrenheit after her death.  K.J. was the fourth of the residents to die.

K.J. had suffered a stroke and was placed in the facility by her husband.  Her husband visited his wife ever single day, often bringing popcorn and a movie with him.  When the heat wave struck, K.J.'s husband brought her a fan and did his best to keep her comfortable.

A wrongful death lawsuit was brought by K.J.'s husband and daughter.  A confidential settlement was reached prior to trial.

During the course of discovery, it was learned that paramedics had previously been called to the facility due to the excessive heat.  On at least one occasion, paramedics had told facility employees to move residents from the third floor, which was the hottest floor in the building.  Sadly, facility employees failed to comply.  K.J., a resident of the third floor, died after the paramedics' warning.  In addition, it was found that many of the fans on the floor had been removed from resident rooms and placed at the nurses' station, including the fan that had been purchased for K.J.  It was never found or returned.

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