Congratulations to Tom Rhodes and Beth Janicek, who received a $592,439 jury verdict after a 6 day trial against SavaSeniorCare and related entities represented by Lori Proctor (national trial counsel for SSC/SAVA).   Unfortunately, because of arbitrary limits imposed in Texas, the family will not be adequately compensated and will recieve a fraction of the amount the jury awarded.   The case involved a 76 year old nursing home resident who was neglected and developed avoidable bilateral decubitus ulcers on his hips which became infected.

 

The following article appeared in the San Antonio Express-News today regarding the verdict:

 

After more than a day of deliberation, a civil jury found a San Antonio nursing home negligent Wednesday in its care of a now-deceased resident who developed severe, infected bedsores.

Jurors ordered Retama Manor Nursing Center to pay the estate of Emilio Gonzalez $250,000 for his physical pain and suffering, $150,000 for mental pain and anguish and $192,439.88 in medical bills. But the nearly $600,000 verdict is expected to be reduced substantially after state District Judge Victor Negrón applies Texas tort reform caps that have been in place since 2003. Under Texas law, Gonzalez’s family is likely to receive $250,000 in damages and $75,000 in medical expenses to be paid to Medicare.

Mary Koenig, who filed the suit on behalf of her father, said she hopes the judgment sends nursing homes a message. “We wanted to make some changes in my dad’s name,” she said. “We just didn’t want him to be another statistic. We needed to bring attention to the problems that are out there.”

Gonzalez was a resident at Retama Manor from 2001 until months before his death in 2007 at the age of 76.

In closing arguments Tuesday, plaintiffs attorneys Tom Rhodes and Beth Janicek said the nursing home was intentionally understaffed in order to make more money, often leaving nurses with up to 60 residents to oversee at a time.

By the time Gonzalez was taken to Southwest General Hospital in August 2007, two bedsores had rotted to the bone, requiring an extended stay at a hospital specializing in wound treatment, they said.

Attorney Lori Proctor, who represented the nursing home, pointed out that Gonzalez’s bedsores had always healed before in the six years he spent at the nursing home. The difference this time, she said, was that he had recently been diagnosed with terminal lung cancer that was making it impossible for him to heal.

 

 

Nate Taylor wrote an article for The Coloradoan about a recent verdict for a family against nursing home involving a resident who fell because the nursing home refused to respond to the resident’s call light.   The fall led to her untimely death.  This happens all the time in nursing homes and is a result of understaffing.  The nursing home does not want to pay for adequate and competent staff because it will hurt their profit margins.  The staff becomes overworked and fails to respond to call lights.

While the family says her 87-year-old mother Doris Wolfe’s November 2007 death was the hardest thing she’s had to live through, a close second was the lawsuit her family endured suing Spring Creek Healthcare Center.  "We’re just a little tiny family of four against this huge corporation of nursing homes," Johnson said, referring to Spring Creek Healthcare Center’s parent company, Sava Senior Care. "You would never, ever, ever go through (a lawsuit) for any reason other than somebody had been harmed and you felt like you had to fight that fight. It was brutal."

Sava Senior Care owns at least 185 nursing homes across the country, including Spring Creek and Fort Collins Health Care Center.  They are represented by Lori Proctor.  We had a case against them last November when a resident fell three times in a 24 hour period.  The jury awarded us $200,000 in actual damages and $600,000 in punitive damages. 

Johnson said her mother stayed at Spring Creek for 17 days to rehabilitate following back surgery at Poudre Valley Hospital. Wolfe broke her ankle the day she was supposed to be sent home.

According to an investigation by the Colorado Department of Public Health and Environment, Wolfe may have turned on her call light to request help to go to the bathroom. When Wolfe thought an "extended amount of time passed" and no one answered her request, she opted to try to walk toward her walker on her own and fell and broke her ankle.  Jay Reinan, a Denver lawyer who represented the Wolfe family, said Doris Wolfe did push the button.

"As a result of staffing deficiencies, Mrs. Wolfe was left to decide between soiling herself or attempting to go to the bathroom on her own, and that eventually led to her death," Reinan said. "With a lot of older folks, dignity is important, and that’s what happened to Mrs. Wolfe."

The health department investigation also indicated that Spring Creek X-rayed Wolfe’s ankle and found no fracture, but a family physician looked at the X-ray results and determined it was fractured in two places.

Johnson said she hopes the jury’s decision will lead to changes at the nursing home. "As scary and intimidating as it was, that’s why we did this – for change," Johnson said.