A jury has awarded $6 million to the wife of James Romano, a nursing home resident confined to a wheelchair after breaking his hip in a fall at Clove Lakes Health Care and Rehabilitation Center nursing home.  Romano fell out of a wheelchair on April 14, 2011.  Romano had been brought to the facility a week earlier to undergo short-term rehabilitation for a back fracture suffered when he fell at home on April 1, 2011.

He was supposed to remain for about three or four weeks and then be released home in ambulatory condition.  The nursing home failed to supervise and offer assistance which allowed him to fall while attempting to stand up out of the wheelchair.

Romano suffered a left hip fracture, resulting in partial hip-replacement surgery at Staten Island University Hospital on April 15, 2011. He remained at University Hospital until April 26, when he was returned to the nursing home.  Romano stayed there for about three more years, confined to a wheelchair due to the hip fracture, until his death at age 87 on March 22, 2014.

Delores M. Romano, the victim’s wife, sued the nursing home.  She alleged Clove Lakes was negligent in failing to take preventive measures, such as using a seat belt, restraining belt or a table tray, to prevent Romano from falling out of the wheelchair. In addition, she alleged there wasn’t sufficient staff on duty, and Romano wasn’t properly supervised.

“It made the last three years of his life very difficult,” said the lawyer. “It stole time from his wife and family.”

Herbert said the trial began with opening statements on April 11, and the jury reached a unanimous verdict on April 17.

The panel deliberated about two hours before finding in favor of the plaintiffs, he said.

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