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New Mexico Nursing Home Abuse - Rape Victim Awarded $54M 12/16/18,11:38 AM <br />FreeAdvice has a new Terms of Service and Privacy Policy_, effective May 25, 2018. By continuing to use this site, you are consenting to our <br />Terms of Service and use of cookies. Learn more <br />rot Ask a Lawyer <br />a Ask the Legal Community <br />-. ! — 1--" AA..:..... <br />FreeAdvice: Law Select a Legal Topic Ask a Lawyer Legal News Free Case Evaluation <br />FREEAbVICE: FREEAbVICE: <br />LAW ► INSURANCE <br />b <br />Ask a <br />Lawyer Free <br />Insurance <br />Alt Legal Quotes <br />Topics <br />ay—um Topic► <br />Accident LawBankrup�. LawBusiness LawCriminal LawEmployment Labor Law <br />Estate PlanningFamilaa_wFinancia.LawGeneral PracticeGovernment Law <br />Immigration Lawlnsmance LawLttellectual PropertyLi—gation alpractice Law <br />Personaf InjuryReal Estate LawTax LawSmall ClaimsAviation Law <br />Home > Law .Advice > MaJpLacfice Law > Nursing Home Abuse & Neglec> ARTICLE <br />by FreeAdvice staff <br />Developmentally Disabled New Mexico Rape Victim Awarded $54M LEE <br />FreeAdvice staff O G+ <br />ICt�ictrrrror-rttrrsnrg tmme abuse2 Get a FREE Case Evaluation From An Experienced Attorney. - <br />A developmentally disabled New Mexico man who lived in a group home run by ResCare, Inc. was awarded $54 million after he was raped by one of the G+ <br />home's employees. Nearly $50 million of the award constituted punitive damages as the home failed to run any background checks on the employee. <br />N --ging home negligence <br />_ New Mexico nursing home negligence case has garnered national attention. According to news reports, 48 year old Larry Selk was a resident of a group home in Roswell, <br />New Mexico in May of 2004. Run by Louisville, Kentucky -based ResCare, Inc., the home had continual problems with under staffing, insufficient staffing, inadequately trained <br />staff and inadequate documentation - and this case was no exception. <br />ResCare hired a male caregiver without performing a background check first. The man had been fired from previous group homes for inappropriate behavior with residents. <br />After only four days at ResCare, he raped Selk, who is unable to speak and could not call for help. When a nurse noticed that Selk was bleeding rectally, a sexual assault <br />specialist was called and verified that Selk had been raped by the man -who has since disappeared. Itis family hired a New Mexico nursing home abuse attorna and filed a <br />lawsuit against the home for negligence. <br />Unorthodox strategy moves jury <br />The family's personal injury attorney was able to prove to a jury that the company had a history of mis-management and that they failed to consider reasonable settlement offers. <br />However, he also wanted to show the jury how helpless Selk must have felt during the ordeal because he could not speak, so he sang them a Sarah McLaughlin song with the <br />lyrics, "We are screaming inside, but we cannot be beard" Although that might seem unorthodox, and even the attorney says that he's never done that in court, his strategy <br />worked. The jury awarded Selk over $54 million - of which nearly $50 million constituted punitive damages. The money will be managed by his sister and used to take care of <br />Selk for the rest of his life. <br />Firing the right attorney <br />This case shows how important it is to hire the right attomey. While not all lawyers sing to juries, good lawyers know how to get their points across and make juries truly <br />understand what an injured victim has endured. if you or a loved one has been injured in a nursing home due to neglect, negligence or elder abuse, contact an experienced <br />nursing home abuse lawyer in your state to discuss your situation and evaluate your options. <br />The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review by the site's editorial staff. <br />Pain/Suffering Calculator <br />Iniur!— Estimate by a Real Lawyer. Auto Accidents, Slip/ <br />Injuries. Get Free Eval. <br />Free Legal Advice — Get Informed <br />General OuestionsOaims and Lawsuits <br />�rJmof nursing home abuse? Get a FREE Case Evaluation From An Experienced Attorney. <br />'c to NursingTom- ome, Abuse & Neglcsat <br />https://Iaw.freeadvice,com/malpractice-law/nursing_home-abuselnew-mexico-nursing-home-abuse-lawsuit.htm Page 1 of 2 <br />