Friday, June 19, 2009

Lawyers USA--Assisted Living Suits Mounting

Article discussing the rising number of cases involving assisted living
facilities. ALFs are like nursing homes, but do not offer the same
level of acute skilled nursing care. However, more and more, those
facilities are attempting to hold on to residents with acute care needs
by contracting out for a la care services, without really having the
type of skilled and trained staff needed to care for those with real
medical needs.

http://www.lawyersusaonline.com/index.cfm/archive/view/id/433224#

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Feds Starting New On-Line Tool for Consumers to Rate Nursing Homes

Read the article in the WSJ:
http://online.wsj.com/article/SB124374474563169581.html#

This message is intended for the use of the individual or entity to which it is
addressed and may contain information that is privileged, confidential and exempt
from disclosure under applicable law. If the reader of this message is not the
intended recipient, or the employee or agent responsible for delivering the message
to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify the sender at once.

Thursday, April 30, 2009

Jury Awards $6.5 Million In Nursing Home Dehydration Case

The Columbus Dispatch reports:

 

Peter Southard died from a lack of water.

 

He died two days after leaving Whetstone Gardens & Care Center in 2005.

 

On Thursday, a Franklin County Common Pleas jury found that his care proved too much for the nursing-home staff and awarded $6.5 million to his family in a wrongful-death lawsuit.

 

A stroke had left the former Columbus lawyer debilitated, forgetful and always in need of water to drink.

 

"He could be told to take a drink of water and 10 minutes later forget the conversation," said Gerald Leeseberg, attorney for Southard's widow. "He lived moment to moment."

 

Jurors found the nursing home solely responsible for Southard's death, Leeseberg said.

 

To read the full article:

 

http://www.columbusdispatch.com/live/content/local_news/stories/2009/04/29/wrongful.ART_ART_04-29-09_B3_H2DMTHK.html?sid=101

Wednesday, April 29, 2009

Arkansas Jury Awards $7 Million in Nursing Home Case

The Texarkana Gazette recently reported the following story:

 

DEQUEEN, Ark. - A Court in Sevier County decided today (April 17, 2009) that a family deserved $7 million for the neglect and wrongful death of its patriarch.

 

It was a record judgment for the county - the previous high was believed to be $1 million -but the family likely will never see any of the money.

 

"This was a terrible, terrible situation involving a man who was loved by many," said Little Rock attorney Jeff Priebe, of Wilkes & McHugh, P.A. "Now they have closure, but they may never be compensated for their loss."

 

John W. Minor, an 87-year-old DeQueen man, died after officials at a local nursing home neglected him to the point where his body was covered with 35 bedsores. The sores, many in advanced stages and infected, made it impossible to embalm his body when Minor passed away on May 2, 2004.

 

On Aug. 8, 2005, Minor's family, including a wife, step-daughters and grandson, filed a lawsuit against the nursing home, Sevier Healthcare Inc., and its management company, Regional Management Inc., for negligence, violation of the Arkansas Long Term Care Resident's Rights Statute, and wrongful death.

 

The suit details how Minor, who was admitted to Sevier Healthcare, 1206 West Collin Raye Drive, DeQueen, in August of 2002, also suffered from severe malnutrition, multiple urinary tract infections, pneumonia, severe dehydration leading to kidney failure and more. The injuries, "caused John W. Minor to lose his personal dignity and caused him to suffer extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, emotional trauma, and death," according to the suit.

 

The lawsuit alleges the defendants, among many other things, tried to maximize profits by reducing staffing levels below what was needed to provide adequate care to residents. They failed to provide adequate care for Minor, to the point where their actions were "grossly negligent, willful and wanton, outrageous, reckless, malicious," according to the suit.

 

The family sought compensatory and punitive damages for medical expenses, pain and suffering, mental anguish, loss of life, and funeral expenses.

 

In a hearing today (April 17, 2009), the court, after hearing testimony from Minor's family, ruled for $3.5 million in compensatory damages and $3.5 million in punitive damages.

 

It is unlikely the family will see any of that money, because the former owner and director of both Sevier and Regional previously filed personal bankruptcy.

 

Wilkes & McHugh, P.A. attorneys and Minor's family learned this early in the litigation process, but saw the case through in an effort to bring awareness to the problem of nursing home abuse and neglect in the hopes of preventing others from receiving such horrific treatment, Priebe said.

 

"I wish that something could be done to help them," Priebe said of his clients. "It's not about the money. It's about letting them have their day in court."

 

The facility currently has a new name, is under new ownership and management, and was not involved in this case.

 

 

Friday, March 27, 2009

Arizona Jury Awards Landmark $11 Million Verdict in Assisted Living Case

An Arizona jury recently awarded $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects while in the care of Liberty Manor Residency, a Phoenix assisted living facility. The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. It was the largest verdict ever awarded against an assisted living facility in the United States.

 

Assisted living facilities are like nursing homes, but do not provide acute-level skilled nursing care.  Rather, they are supposed to help supervise elder residents and provide assistance with activities of daily living.  Assisted living facilities often contract with other service providers to provide nursing services, hospice care or other services in house.  One common problem with assisted living facilities is that they continue to house residents who really need a higher level of care and supervision than they offer, sometimes doing so because they have a financial interest in keeping the beds filled.  In Maine, some assisted living facilities accept governmental benefits, like MaineCare, but many do not.  Private pay assisted living tends to be very expensive.

 

To read the whole article, click on the link below:

 

http://finance.yahoo.com/news/Arizona-Jury-Awards-Landmark-prnews-14697899.html/print

 

Monday, March 2, 2009

Bush's Midnight Gag Rule

Before leaving office, the Bush Administration attempted to enact as part of a its “midnight regulations,” a rule that would prevent disclosure of information gathered by the people who work for the State of Maine to provide quality control surveys of our State’s nursing homes.  As Keith Oberman recently pointed out on his MSNBC show, Countdown, this is a dangerous rule that only places the older adults who reside in nursing homes at greater risk.  To see the news clip, click on the link below:

 

http://www.msnbc.msn.com/id/3036677/#29397210

 

 

Friday, February 13, 2009

Videos Show Nursing Home Abuse

These videos show shocking episodes of nursing home abuse. Imagine how
the staff and facility would deny the existence of the abuse if it had
not been captured on video. What's so scary about these incidents is
that they show that abuse can happen anywhere.

http://www.youtube.com/watch?v=GOib15kAulE
<http://www.youtube.com/watch?v=GOib15kAulE>

Wednesday, January 21, 2009

Nursing home charged $1.25M in patient death

Here is an article from LawyersUSAonline.com relating to a recent verdict returned by a Georgia verdict in a pressure ulcer case:

 

A Georgia jury has awarded $1.25 million to the family of a nursing home patient who died from a severe bed sore that the family alleged was caused by inadequate care at the home.

Melvin Raybon, a 67-year-old diabetic with past serious health problems was admitted to Tucker Nursing Home in 2002. Nine months later, he was moved to a treatment hospital for a Stage 4 bed sore that infected his left buttock to the bone.

After being moved to yet another nursing home, Raybon's conditioned worsened and he began suffering from malnutrition as a result of the original infection. He fell into a catabolic state and in June 2004, he died.

For plaintiff attorney Benjamin Land, the issue was showing jurors that Raybon's death likely would not have occurred if not for the original bed sore, which, Land inferred, was a direct cause of the understaffed Tucker Nursing Home.

"Nursing homes are in business to take care of people with health problems and limitations," said Land. "[Jurors] expect nursing homes to do what they're paid to do. The point of this trial was to prove to jury that negligence had occurred and they did not take care of Mr. Raybon."

Defense attorney Walter Bush Jr., representing Kindred Healthcare (the previous owners of Tucker Nursing Home), claimed the size of the settlement was a result of the judge in the trial misreading state law and plans to appeal.

"Speaking to the jury, I got the impression if the judgment had followed the law it would have been in the range we expected to pay during the [pre-trial] settlement case."

Understaffed home

Land approached his case by showing that the quality of care at Tucker Nursing Home was detrimental to patients and was a direct result of understaffing.

His primary piece of evidence was the testimony of four former certified nursing assistants who worked at the home. All four testified that the lack of employees resulted in occasionally being unable to give each patient the care they needed.

In Raybon's case, not only was he diabetic, he had suffered from a brain tumor previously and had to have part of his skull removed. A past amputation of his leg and incontinence required him to be turned in bed every two hours. The four assistants claimed because of understaffing, they were only available to turn him twice during an eight-hour shift and sometimes not even that many.

"The gist of their testimony was that if they had had more staff, these problems caused to [Mr. Raybon] would likely not have occurred," said Land.

The defense argued the testimony of the four assistants should have been inadmissible.

"Three of them had no personal knowledge of Mr. Raybon," said Bush. "We moved to eliminate these testimonies because they were in effect to introduce similar acts as proof of another negligent act. It's just character evidence that this was a bad place to work with bad working conditions, and that is not probative evidence whatsoever with regard to the deviation of standard of care."

Bush further argued that the issue of staffing at a medical facility should not be determined by former employees but by an expert opinion, which was not provided by the plaintiffs.

"The issue of staffing should never be based on the perception of an individual who claimed they had too much work to do, but on a number of factors such as the underlying conditions and the layout of a facility."

Chain reaction verdict?

Land did not argue the case as a wrongful death suit, but rather based the settlement demands on Mr. Raybon's "loss of dignity in the last year of his life."

He deferred to Georgia's joint and several liability laws, which make an initial hospital or nursing home liable for further injuries stemming from an original injury, even if the additional injuries occur somewhere else.

While Bush did not dispute that, he said it was a violation of Georgia law for the plaintiffs to seek payment for medical bills under the instruction that the initial pressure sore at Tucker was somehow responsible for all subsequent injuries caused off the premises of the home.

Bush called the final award a "chain reaction verdict" that was an "erroneous and inappropriate" instruction on the part of Judge J. Antonio DelCampo.

But the jurors did not agree, and awarded Raybon's daughter, Yolanda Latimore $1.25 million for medical bills and other compensatory damages. According to the complaint, Latimore had repeatedly asked management at Tucker to better care of her father, though she was often busy taking care of her mother, Shirley Raybon, who had breast cancer at the time.

Land claimed the decision to not go for a wrongful death suit was key, and appealed to the jurors.

"We decided the case is about human dignity and the value of that dignity during a man's last year on earth. Defenses tend to want to blame the residents' injuries on underlying medical problems. In my opinion, juries don't buy that."

 

Tuesday, January 13, 2009