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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 Poli-cy, 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 />Accept <br />Ask a Lawyer <br />a Ask the Legal Community <br />FreeAdvice: Law Select a gaLT6pLc Ask a Lawyel Ugia ws Free Case Evaluation <br />FREEADVICE: FREEADVICE: <br />LAW INSURANCE <br />Ask a <br />Lawyer Free <br />Insurance <br />All Legal Quotes <br />Topics <br />BY—Le 91111Toip e <br />Accident LawBarl LawBusiness LawCriminal LawEmployment labor law <br />Estate PlanningFamily LawFinancial L.awGeneml PracticeGovemment Law <br />Immigration Lawlnsurance Lawlntellecmal Pro er J,jtigatigDMalpractice Law <br />Personal InipdyReal Estate LawTax Laws all ClainisAyJation lA <br />Home > Law Advice > Malpractice Law > Nursing Home Abuse & NegLegL, ARTICLE <br />by FreeAdvice staff <br />Developmentally Disabled New Mexico Rape Victim Awarded $54M <br />rNewt <br />W%reeAdvice staff Lixa o Ca+ <br />g nome abuse? Get a FREE Case Evaluation From An Experienced Attorney. ;:;esc <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 ran any background checks on the employee. <br />N^ -sing home negligence <br />1 _ New Mexico nursing home negligence case has gamered 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- Rin by Louisville, Kentucky -based ResCare, Inc., the home bad 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 perforating 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. His family hired a New Mexico nursing home abuse attomey 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 ajury 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 bow 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 we screaming inside, but we cannot be heard"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 puni five damages. The money will be managed by his sister and used to take care of <br />Selk for the rest of his life. <br />Hiring the right attorney <br />This case shows how important it is to hire the right attorney. 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 laws 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 />InWty..a, Estimate by a Real La"r. Auto Accidents, Slip/ <br />Injuries. Get Free Eval. <br />Free Legal Advice — Get Informed <br />General uestionsClaims and Lawsuits <br />Victim of nursing home abuse? Get a FREE Case Evaluation From An Experienced Attorney. <br />c to N using Home Abuse & Negalw <br />https://law.freeadvice.com/malpractice law/nursing home_abuse/new-mexico-nursing-home-abuse-lawsuit.htm Page 1 of 2