A Court of Claims case against a New York state facility for developmentally disabled adults. While staff were standing by, the deceased choked on a breakfast item, asphyxiated, and died. Whereas the State maintained it was the family's responsibility to inform the facility of the deceased's particular risk of choking, staff at the facility failed to follow the patient's dietary plan, as ordered by the facility's own physician, who also failed to do a simple 'swallow test' on the patient when she joined the facility.

Outcome

Substantial pre-trial settlement