Listed below is a summary of verdicts and settlements followed by highlighted cases and associated details.
- 10 separate settlements in excess of $1,000,000
- 13 settlements in excess of $750,000
- Trial verdict in December, 2009 for $900,000 (last offer during trial: $75,000)
- More than $34,000,000 collected for clients since 2003
Nursing Home Abuse–Stage 4 Bedsore – Gentleman in Mtn Empire area (NE Tenn-SW Virginia) obtains large Stage 4 bedsore to sacral area that becomes infected leading to his death. Family was never notified about size or development of bedsore. Investigation ensues and after experts are obtained, complaint is filed and defendant nursing home asks for immediate mediation at which time they (amazingly) indicate they failed the family, apologize and indicate willingness to resolve claim. Case resolves at this mediation for confidential amount in 2010.
Prescription-Pharmaceutical Error – Client in early 70s in northeast Mississippi-southwest Tennessee area utilizes nation-wide online pharmacy to obtain discounted monthly prescriptions that were filled in 90 day allotments. For 6 months, online pharmacy erroneously sent client methotrexate, a caustic drug at one used as a cancer-chemotherapy treatment rather than the intended diuretic metrolozone. Hair fell out, massive weight loss, no energy. Client goes to hospital deathly ill with WBC of 1. Client almost dies but eventually recovers after extended hospitalization. Case settles before trial in 2007 for confidential amount.
Fatal Car Accident – Woman in her 70s with no children or husband is back seat passenger in SUV accident in rural northeast Tennessee where driver loses control of SUV and vehicle flips end over end. Jaws of life required to extricate passenger. Medical bills total $350,000 and she spends three weeks in hospital with multiple fractures all over her body. She never leaves the hospital and dies from injuries suffered from the car accident. Driver claims phantom vehicle forced him off the road which is corroborated by front seat passenger. Investigation then litigation ensues and during depositions driver admits that he “loses consciousness” before his vehicle even leaves the asphalt. Corroborating passenger’s testimony reveals that she never actually saw alleged phantom vehicle cross the line. Romantic interest with driver is also a possibility. Family of decedent talks with corroborating passenger right after the crash and she fails to mention phantom driver causing driver to lose control. Corroborating passenger also fails to tell investigating officer about the alleged phantom driver. Case settled prior to trial in 2010 for confidential amount.
Mentally Handicapped Abuse/Neglect – Mentally handicapped 38 year old man is living in private home in middle Tennessee with 24-7 care provided by private company paid from state monies. He is found dead on a Sunday afternoon and staff claim they checked on him every 15 minutes and he appeared fine. He was never taken to hospital or seen by any health care provider prior to dying. A heart attack is assumed to be the culprit. Fortunately family ordered an autopsy which revealed that gentleman died from pneumonia with presence of neutrophils. Tylenol and aspirin are found in his system. Our firm questioned the state medical examiner who performed the autopsy who opined that there would be signs and symptoms of the pneumonia prior to death and we consulted with a forensic medical toxicologist. Discovery ensued and all care-takers questioned. Their stories don’t match up. investigation with one of care-takers ex-spouses revealed that caretakers had abandoned client over the weekend to attend strip club all-male review in separate city. Case settled prior to trial in 2007 for confidential amount.
Mentally Handicapped Abuse/Neglect – Mentally handicapped gentleman in his thirties living in Memphis with 24-7 care provided by private company that is charging state over $200,000 per year although family has provided a home for caretakers and client to live in. Client begins to exhibit odd behavior over the course of 4-5 months and on a trip home to visit family, his shirt is removed and bruises are found all over his body. Drs. at hospital confirm that bruises are from differing time periods. All caretakers deny any involvement and feign ignorance over the entire matter. Case settled prior to trial in 2011 for confidential amount.
Lead counsel for family whose mother burned alive in a Nashville nursing home fire in September, 2003. Shared representation with another law firm for another family whose mother died of smoke inhalation who was in a room down the hall from where the fire began. One client’s mother was in the hospital bed that caught fire that eventually spread smoke throughout the building. More than 30,000 documents exchanged and case resolved prior to trial after extensive use of a private investigator in tracking down former employees. At least 50 depositions taken. Confidential settlement in January, 2005.
Nursing Home Abuse – Sexual Molestation/Rape – Lead counsel in representation of eleven families whose mothers were sexually molested and/or raped over an eight-year period at a nursing home in Bristol, Virginia from 2000-2007. The complete investigation took three years and involved the extensive use of a private investigator. Families provided evidence to assist the Virginia Attorney General’s office in Richmond who indicted the assailant, James Wright, who later pled guilty to four separate counts of aggravated sexual battery to four different nursing home residents. James Wright received an 80 year jail sentence in the spring of 2010. All cases settled prior to a public filing of a legal complaint. Confidential settlements in 2009 and 2010.
Nursing Home Abuse – Rape – Represented mentally competent woman who was raped at her ALF in 2008 by former nursing home employee who had been accused of raping a number of women at nursing home before leaving there under clouded circumstances. Nursing Home Director of Nursing “vouched” for this employee to ALF administrators. Employee was only male on duty the night of the rape. Police never seriously investigated the matter and closed their case. Assailant later pled guilty to aggravated sexual battery as to four nursing home residents. Confidential Settlement in 2010.
Nursing Home Abuse – Chemical Restraint/Death – Lead counsel in representation of a 59 year old gentleman in Memphis, Tennessee suffering from mental instability who fell at home and suffered a broken hip. Client went to nursing home for an intended 6 week stay where he was chemically restrained and went into renal failure due to profound dehydration supported by “critically high” lab values. Family noticed that he was no longer conversant or responsive and begged staff to have him transferred to hospital. Staff told family that he was “sleepy due to medication.” Client subsequently died. Nurse practitioner testified that she wanted to send client out to hospital but unwritten policy at nursing home discouraged the transfer out of the facility of Medicare skilled patients who were very profitable for nursing home. Settled two weeks before trial for total of $1.425 million with nursing home and two separate nurse practitioners all contributing. More than twenty depositions taken prior to settlement in January, 2010.
Nursing Home Abuse – Dehydration/Death – Lead counsel in representation of elderly woman in her eighties who had been in nursing home for five years. In January, 2006 during a ten day period the charting revealed poor hydration and witness at trial testified that nursing home resident had been unconscious for nearly two days. Rushed to hospital where lab values revealed profound dehydration (Sodium 172, BUN 112) in total renal failure. Family told by physicians at the hospital that their mother had no chance to survive and she held on for two weeks before finally succumbing to infection and death. After eight day trial in Memphis, Tennessee, jury unanimously awarded $900,000. Last offer prior to trial was $75,000. Defendant brought in out of town counsel to try case. Big issue at trial centered around potential falsified records as nursing home claimed that she was eating well and frequently urinating although lab values at hospital proved extreme dehydration.
Nursing Home Abuse – Stage 4 Pressure Sore/Chemical Restraint/Death – Lead counsel in representation of 83 year old gentleman who suffered large Stage 4 pressure sore to his sacral area resulting in infection and death. Evidence also indicated he was chemically restrained. Numerous depositions taken and the case resolved for $820,000 prior to trial. Memphis, Tennessee 2006.
Nursing Home Abuse – Rape – Lead counsel in representation of 81 year old woman with mild dementia who was raped in a rural West Tennessee nursing home in 2004. Worked case up from both negligent supervision and premises liability angle. Identified seven convicted criminals working at the facility including one with Hepatitis C. Investigation revealed a number of elderly women mysteriously coming down with Hepatitis C. Interviewed every person we could find living within two mile radius of nursing home and developed extensive proof that nursing home would leave all doors open at night to increase air circulation in building with no security in place. $750,000 settlement.
Nursing Home Abuse – Stage 4 Bed Sores – Lead counsel in representation of elderly man in his eighties who was resident at nursing home. Chart indicated all bed sores were stable and stage 2 yet visit to neighboring hospital revealed a total of eleven bed sores with four being stage 4 and several not even charted at hospital. Disputed testimony on whether family refused PEG tube when told resident was not eating. $650,000 settlement. Memphis, Tennessee 2006.
Nursing Home Abuse – Negligence/Death – Lead counsel in representation of chronically ill 98 year old female who was at a nursing home where she received all feedings through a PEG tube aka “feeding tube.” Nursing home staff failed to properly check PEG tube for placement and poured formula into her peritoneal cavity causing horrendous infection that eventually led to her death. Two separate physicians failed to catch mis-placement of tube and on second visit to the hospital within 24 hours, physician placed the X-ray wrong side out and mis-read x-ray thus again failing to catch misplacement of PEG tube. Second physician admitted this in his deposition. Nursing home employee admitted during her deposition falsifying critical nurse’s notes. Later discovery obtained the nursing home incident report (normally protected from discovery in Tennessee) which stated that every nurse denying that they checked PEG tube placement although nurse’s notes stated the exact opposite. Case settled prior to trial for a confidential number with second physician paying least amount because he admitted he made a mistake. Numerous depositions taken. Memphis, Tennessee 2005-2007.
Fall in Dialysis Clinic – Lead counsel of case that settled at trial for confidential amount involving dialysis clinic patient who slipped and fell in water at facility. Facility defended claiming that patient refused to follow the rules of being escorted to back of the facility where her dialysis machine located. Numerous depositions taken that refuted this position. Client suffered over $175,000 in medical bills with permanent impairment. Settled during third day of trial. Confidential settlement. Memphis, TN 2007.
