Zevan and Davidson Law Firm Articles Jury Awards $90.5 Million To Family Of Nursing Home Abuse Victim

Jury Awards $90.5 Million To Family Of Nursing Home Abuse Victim

By David Zevan  Jul. 1, 2013 2:06p

In 2010 a man filed the nursing home abuse lawsuit on behalf of his 87-year-old mother, against Manor Care Inc., Heartland Employment Services LLc, HCR Manor Care Services Inc., and Health and Retirement Corporation of America LLC. The man alleged that his mother was the victim of severe nursing home abuse and neglect and that the severe dehydration she experienced eventually led to her death. Because of the serious dehydration, she had to be sent to hospice, and she died several weeks later.

The jury heard the case and determined that the nursing home failed to meet the state and federal obligation that it had to care for the woman, and that the home was responsible for committing ordinary and medical negligence, and was in violation of fiduciary responsibilities described in the Nursing Home Act. The Kanawha County judge decided that the normal cap for damages would only apply to part of this case. Therefore, the jury’s decision that family of the nursing home abuse victim would be awarded $80 million for the abuses of the nursing home and its misconduct and $11 million for the woman's death.

Heartland argued that the death certificate for the woman stated her cause of death to be dementia, not dehydration.

Both sides argued about whether caps should apply, with the defense arguing that the verdict should be reduced because a portion of it did not fall under the Medical Professional Liability Act.

Attorneys for the nursing home had argued that the judge was mistaken in allowing a verdict that did not ask whether each defendant was individually liable. "The statute explicitly requires the jury to answer questions about the specific liability of each defendant," the statement read.

The defense also argued that the victim’s daughter, was included in the award but was not a party in the suit. But the plaintiff’s attorney argued that the money would be going to the victim’s children anyway, and that it should not have to be specified that it goes to the estate.

The facility appealed the decision of the first trial. The nursing home facility had appealed the initial decision and said that the first trial erred in determining the amount of financial damages. But the family's nursing home abuse attorney blocked the appeal, successfully showing that the damages that were awarded were for two separate counts, falling under the Medical Professional Liability Act, and the circuit judge denied the appeal.

The case is now headed to the West Virginia Supreme Court.

Contact a Nursing Home Abuse Lawyer

If you or a loved one has experienced nursing home abuse or if a family member has died because of instances of abuse or neglect, contact an experienced Missouri nursing home abuse attorney. You may be able to pursue a civil case against the facility and recover damages. You and your family deserve to have our rights protected and a nursing home abuse attorney can help you to seek justice and make sure that abuses do not continue.

Call theZevan and Davidson Law Firm at (314) 588-7200

Other Recent Articles

The Growing Concern Over Elder Care

There is a common misconception that if an elderly patient suffers as a result of medical malpractice, there is little that can be done legally.
More Articles »

The Frightening Truth About Nursing Homes and Medical Malpractice

Each year, millions of families are faced with the heart wrenching decision of having to place an elderly loved one into the care of a nursing home.
More Articles »

Nursing Home Fined $36,000 For Deficiencies

A Florida nursing home was recently fined $36,000 by the state for the way it handled an allegation of sexual abuse. The Florida Agency for Health Care Administration found in an inspection that the ...
More Articles »
(314) 588-7200
1 N Taylor Ave
St Louis, MO 63108

Main Website:
View Website
Contact our office by email by clicking the button below: