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Family of elderly woman who died after assault agrees to settlement with nursing home

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MILWAUKEE (WTAQ) - The family of a 90-year-old woman who died soon after she was sexually assaulted by a fellow nursing home resident has settled a lawsuit against the facility.

A trial in the case was about to enter its second week in Milwaukee County, when both sides agreed to a settlement after 4 days of testimony. Details of the deal were not released.

Relatives of Mary Spiegl filed a wrongful death suit against the Franciscan Villa home of South Milwaukee, the firm of Catholic Health Initiatives, and its insurance carrier.

The woman was molested by a 90-year-old resident at the home in January of 2009, and died about two-and-a-half weeks later.

The lawsuit accused the nursing home of not having enough training to deal with sexual assaults among its residents – and the nurse in charge had left the attacker unattended.

Officials said the man was never charged with a crime because of his lack of mental competency – and he ended up being transferred to a different nursing home. 

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