Family of Care Home Dementia Patient who died after swallowing latex glove settle negligence claim for undisclosed sum

Sally Ann Digby died on the 31st May 2014 (aged 53) when she swallowed a latex glove whilst a resident at the Phoenix Park Care Village in Scunthorpe, Lincolnshire.

Sally had suffered with dementia for a number of years and therefore was transferred to the Phoenix Park Care Home in order for specialist care to be provided to her.  She was unable to look after herself and required supervision and assistance from the carers at the Residential home. 

One of the symptoms of Sally’s dementia was that she had a propensity to place items into her mouth or to chew clothing. This was something that the Care Home was fully aware of.

Prior to Sally’s death, there had been numerous episodes whereby she had placed items of her clothing into her mouth and this was recorded in the daily records kept by the Home.

Sally was found in the early hours of the 30th May 2014 unable to breath due to swallowing a latex glove. She was taken by ambulance to Scunthorpe General Hospital where a CT scan revealed that she had suffered brain damage due to oxygen deprivation.

Sally was admitted to the intensive care unit where treatment was withdrawn and she was pronounced dead at 5:15 pm on Saturday 31st May 2014.

Sally’s daughters, Jessica and Lisa, brought a claim on behalf of Sally’s estate against the Care Home alleging negligence.  A formal Letter of Claim was sent to the Home.

The Care Home denied that they were at fault for Sally’s death.

Fairweathers solicitors pursued the claim on behalf of the family and were able to achieve a successful outcome with the claim settling for an undisclosed sum in August 2015.

Kate Virica, Senior Solicitor who had conduct of the claim stated that:-

“This was a tragic case in which a vulnerable adult lost her life. I understand that no level of damages can compensate Sally’s daughters for the loss of their mother.  However, I am extremely pleased that, in these circumstances, and despite the Care Home denying liability, Fairweathers were able to achieve a successful compensation settlement on behalf of the family.’

Jessica stated:-

“I sadly lost my mother, Sally Ann Digby on 31.05.14. My sister and I felt lost naturally and equally angry that something like this could happen in a care home who look after vulnerable people. Then we were introduced to Fairweathers solicitors. Fairweathers put me at my ease, they took care of everything, lifted a whole load of pressure off me and my sister… I would like to thank Kate and Francesca at Fairweathers, you have both been amazing and I thoroughly recommend Fairweathers as a Firm to anyone”.