A federal court jury awarded the widow of a man who died after being attacked by a patient at a Montana memory care facility $310,000 in her wrongful death lawsuit against the facility’s operators. Tana Shively sued Canyon Creek Memory Care, accusing the Billings facility of negligence in failing to check the background of a patient who allegedly attacked her husband, Dan, four days after his arrival in December 2018. Her suit stated that Dan Shively died of a cranial hematoma suffered when fellow patient Jeff Dowd pushed him down. It was later discovered that Dowd had been removed from another care facility after he assaulted a staff member. This information was first reported by Leo Wolfson in the Wyoming Tribune Eagle.
Tana Shively said Canyon Creek had made multiple settlement offers for amounts higher than what she was awarded by the jury. She said she rejected these offers because it would’ve prevented her from shining a light publicly on Canyon Creek, and what led to her husband’s death.
“It was never about the money,” she said. She wants people to do their research and ask as many questions as possible before admitting family members to long-term care facilities. She recommends people visit long-term care centers without prior notice to see how operations are really conducted there.
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