DiBiaggio Law Secures Six-Figure Settlement in Senior Negligence Case

FORT MYERS, Florida—DiBiaggio Law has secured a confidential six-figure settlement on behalf of a 93-year-old longtime resident of a senior living facility in Southwest Florida, resolving claims that the senior living facility failed to perform essential safety and welfare checks, leaving the resident undiscovered on his apartment floor for more than two days.

According to the complaint, the plaintiff had been living at this senior living facility since 2007, under a contract that guaranteed daily well-being checks. Residents in Independent Living were required to press a red “well-being” button each morning by 10 a.m., signaling they were safe. If the button was not pressed, the facility was obligated to call or physically check on the resident.

On February 9, 2024, the senior living facility was updating its security and welfare-check systems. The update failed, leaving numerous residents, including the plaintiff, without monitoring or protection from February 9 through February 12. No backup system was implemented.

On the morning of February 10, the plaintiff fell in his apartment and became trapped between his bed and desk. Despite failing to press his alert button and despite missing multiple checks, the senior living facility did not attempt to contact him or enter his apartment. He remained undiscovered for more than 48 hours, until family members, unable to reach him, insisted that staff perform a welfare check.

When finally located on the evening of February 12, the resident was severely dehydrated, in kidney failure, and required nearly two weeks of hospitalization followed by full-time rehabilitation and nursing care.

Attorney Deirdre DiBiaggio, who represents the plaintiff, emphasized the gravity of the facility’s failures, “This never should have happened. This senior living facility promised safety, monitoring, and security services that this resident and his late wife paid for faithfully for years. Their failure to perform a basic welfare check resulted in a devastating and preventable emergency. This resolution provides accountability and supports the care he now needs.”

The lawsuit alleged negligence and breach of contract, citing the facility’s failure to perform mandated checks and its decision to proceed with a system update without safeguards or redundancy. The settlement, while confidential, provides meaningful compensation toward the plaintiff’s ongoing medical and care needs.

The family hopes the outcome will prompt senior communities across Florida and the country to strengthen welfare-check procedures, adopt reliable backup systems, and reevaluate safety protocols that protect the elderly, especially those living independently within care facilities.

DiBiaggio Law, known for its personalized advocacy and commitment to pursuing justice for injured and vulnerable clients, continues to represent individuals harmed by negligence throughout Florida.

For more information, visit www.DiBiaggioLaw.com.

About DiBiaggio Law 

As a seasoned and skilled negotiator with over 30 years of practicing law, Deirdre DiBiaggio takes a personal interest in her clients, leveraging her excellent relationships with judges and other attorneys to pursue the settlements or resolutions they need. Since 1995, she has handled Social Security disability cases and represented injured and disabled persons in workers’ compensation and personal injury lawsuits. Her bilingual Spanish firm also serves the needs of her Spanish-speaking clients.

DiBiaggio is a past member of the Dade Human Rights Foundation and a past member of the Unlicensed Practice of Law Committee of the Florida Bar Association and the National Organization of Social Security Claimants’ Representatives (NOSSCR). DiBiaggio Law is ready to help with your personal injury case, workers’ compensation claim, or Social Security disability claim.

Visit DiBiaggioLaw.com for more information.

Contact Information:

DiBiaggio Law

605 Belvedere Road, Suite 17
West Palm Beach, FL 33405
United States

Deirdre DiBiaggio
https://www.dibiaggiolaw.com/