In Dependent Adult v. Care Center (Ala. Sup. Ct.) Joseph Nicholson negotiated a major confidential settlement on behalf of the mother of a man who died of a drug overdose after being prematurely discharged from substance abuse treatment. The decedent developed an opioid addiction after being prescribed pain medication for a head injury. He successfully completed a substance abuse program and obtained an associate degree at a local college. After relocating away from his support network, the decedent relapsed and was placed back in a court-ordered residential substance abuse program. Just as he was set to be stepped down to outpatient therapy, the COVID pandemic struck and the substance abuse center discontinued its outpatient programs. The center then discharged the decedent, taking no steps to ensure he received medically necessary outpatient care. He died of an overdose two months later. Joe proved the decedent was a dependent adult and established the causal link between the omitted outpatient care and the fatal overdose. After defeating a motion for summary judgment the settlement was achieved prior to expert discovery.
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