Verdicts & Settlements
Listed below is a summary of verdicts and settlements followed by highlighted cases and associated details:
- 11 separate settlements in excess of $1,000,000
- 18 settlements in excess of $700,000
- Trial verdict in December, 2009 for $900,000 (last offer during trial: $75,000)
- More than $45 million collected for clients since 2003
March, 2014 Northeast Tennessee–Kingsport, Sullivan County, Tennessee: Stage 4 Bedsore case. The nursing home resident, who was not even 65 years of age but suffered from partial paralysis and was a decorated combat veteran from the Vietnam war, entered the nursing home with no skin breakdown and in less than three months entered a local Kingsport hospital with Stage III pressure sores to both his left and right heel and a Stage IV (4) pressure sore to the sacrum (the area right above where the fold in the rear end stops.) Hospital documentation confirmed the presence of “extensive necrotic tissue” on admission to the sacral pressure sore and the patient was fully septic ( a systemic body-wide infection.) He was also clinically dehydrated with elevated BUN and creatinine levels as well as a significant weight loss of 24 pounds and a cratered Albumin level suggestive of severe protein-calorie depletion that the facility had failed to properly monitor. The resident nearly died at the hospital but ultimately was able to recover and his wounds all began to show significant signs of healing when he later died a number of months later. The family contacted us and we immediately deployed a private investigator to the ground as this was a facility we have had prior experience with on past litigation on skin care issues. We also had a team of experts review the medical records and provide letters of merit certifying that this was a case with merit before we filed the lawsuit. The Defendant requested an immediate mediation before any depositions were taken after the lawsuit was initially filed and the matter settled after a formal mediation in December, 2013 and subsequent negotiation.
March, 2014 Northeast Tennessee-Erwin, Unicoi County, Tennessee: Dehydration and Malnutrition–Wrongful Death. This case was aggressively litigated for 2+ years with 29 total witness depositions, a 40-page Expert Witness disclosure by Plaintiffs and 10 separate former employee fact witness affidavits obtained by our private investigator. Case settled in March, 2014 less than 90 days before trial and right before Defendant’s experts reports due. Critical High lab values on admission to the hospital – Sodium 168, triple digit BUN and 3.5 creatinine indicating total renal failure on entry to hospital where 6/10ths of a liter of pus was pulled from the Foley Catheter. Hospital nursing staff told the family that they had never seen such a bad Urinary Tract Infection. Treating Dr told family that resident was too badly damaged to recover and he died May 10, 2011–only 2 weeks earlier resident was talking with family and interacting with grand-children. Illness and out-of-town trip prevented family from visiting for 9 day period of time when injuries all sustained. Nursing staff admitted family “heavily involved” and visited almost daily prior thereto. Nursing home staff testified that “everything was fine until late on the evening of May 4, 2011” yet Plaintiff’s disclosed experts were expected to testify that these types of high critical lab values are consistent with repeated days of virtually no water consumption and family who visited earlier on May 4, 2011 (noon-6 PM) found their father in semi-comatose state with massive weight loss visually present. Staff told family he was fine and just sleeping soundly. Former employee was expected to testify that she saw clear signs of a change in condition two days earlier that she reported to charge nurse but this was ignored. “Quality Assurance” nurse started in depth charting on resident’s Daily Skilled Nursing Notes for May 2-4, 2011 even though she was management and was not assigned to take care of resident. There was also an objectively-verified and documented massive weight loss on entry to the hospital and before/after photographs that graphically showed the extreme dehydration. Free Water Deficit Calculator confirmed this 15 pound weight loss (7.1 Liter water deficit.). EMT testified to clear and graphic signs of Mr. Warden’s dehydration on arrival at or around 1123 PM on May 4, 2011. This case brought up highly contested issues of records tampering, falsified records and falsified staffing documents. This case made the front page of the local Erwin newspaper and was also the lead story on the local television news station when filed. May, 2011 ADL documentation demonstrated little to no fluid intake for May 1-4, 2011 which nursing home contended was not accurate. The family was never notified nor was the Speech Therapist notified of this failure to receive water. Furthermore, discovery produced a picture of a sign that stated “Please contact Margaret Wilson before sending any resident out to the hospital.” Multiple former employees testified that the policy of the nursing home was that Margaret Wilson, the Assistant Administrator for the facility who was a licensed CNAide with an 11th grade education, with no nursing qualifications nor nursing license, required that she be notified before any nursing home resident be sent to the hospital. Further digging produced an internal memo that the former CFO provided to us which laid out in detail that the loss of Medicare skilled residents and a shrinking census were what was leading to diminished profits at the facility. It was an undisputed fact that Mr. Warden was a Medicare Skilled resident on May 4, 2011 and that the rule for daily Medicare financial reimbursement was that the resident had to have “their head physically in the bed” at the nursing home at midnight. Whether the nursing home staff “slow-walked” Mr. Warden’s admission to the hospital in order to get the May 4, 2011 payment was going to be a big issue at trial. Former employee expected to testify that Margaret Wilson disciplined her for failing to notify Wilson before sending sick resident to hospital and expected to testify that Wilson told her “I run this place.” Unit Manager testified that she was physically present in facility from 10-11 PM on night of May 4, 2011 and her charting indicated such yet a subpoena to Wilson’s cell phone provider in fact showed that Unit Manager’s home phone line (15-20 minute drive from facility) called Margaret Wilson at 1030 PM on the night in question–just after treating physician ordered “stat” admission to hospital. Daily Staffing Sheet records showed 5 CNAides and 2 LPNs were “assigned” to the Alzheimer’s Ward that evening, however, Employee Time Cards revealed that two of these employees who were listed as working that evening were not in the facility that evening. One of these employees provided an Affidavit stating that she was never assigned to the evening shift Alzheimer’s unit. The Daily Staffing Sheet for the other part of the nursing home that evening was “lost” as were all of the Master Schedule Sheets as well. Margaret Wilson was the caretaker of these documents and was responsible for creating the Daily Staffing Sheet and Master Schedule Sheet assignments. Former CFO of the management company was expected to testify that the owner of the facility was “hands-off” and told her he just wanted his annual profits.
November, 2013 West Tennessee (Memphis/Shelby County): 88 year old woman with Stage VI Alzheimers entered the hospital profoundly dehydrated and subsequently died from such. Creatinine 5.9, Sodium 165 and BUN 111 on admission with WBC of 22,000. She receives 4 liters of fluid in first 36 hours at hospital. Ambulance records reveal falsified Nurse’s Notes which claim that she left the facility hours earlier at 940 AM. ER Dr also diagnoses her with Stage 2 sacral bedsore on admission to hospital that he determines was means of sepsis infection. Chest XR is negative for two days straight once at hospital. Family is never told about a change in her condition and never told she is not getting fluids. Meal Intake Record looks like Swiss Cheese with holes throughout her last ten days there. Progress Note signed by Dr is created after she is no longer even in the nursing home and suggests her baseline level as still ambulatory. CNAide finds resident unconscious and is told by day nurse that she has “been like this for 2 days.” Blood Pressure at 830 am is 64/52 and yet nothing is done and EMTs not contacted until 1247 pm. Nursing Home experts include a board-certified nephrologist and local Medical Director of several Memphis nursing homes to opine that she was “not dehydrated”, that she had pneumonia (even in light of two consecutive negative xrays) and that all of the treating ER physicians “missed it.” Incredibly, Defense expert nephrologist states that high sodium must be from resident “secretly consuming large amounts of salt.” Defense caves moments before we start Voir Dire at trial and request settlement. The matter resolves.
2013 Northeast Tennessee (Kingsport, TN): Nursing Home resident in his mid-60s breaks his hip and undergoes surgery. Within 9 days of arriving at the nursing home where he is supposed to be receiving rehab, he is taken back to the hospital for a “mental status change.” The family is never told that anything else was wrong at the nursing home. At the hospital he is diagnosed with a massive infected Stage 4 decubitous ulcer with a large covering of eschar, an infected PEG tube, and he is fully septic (body-wide infection.) Lab values also support dehydration, septic (WBC greater than 20,000) with elevated triple-digit BUN and creatinine supporting renal failure diagnosis. He dies only a few days later. ER Drs and nurses are shocked at his condition on entry from the nursing home. Nursing home chart makes no mention of any problem with the PEG tube and claims that the sacral pressure sore was a mere Stage 2. After the Complaint was filed the Defendant asked to immediately mediate the matter. In the meantime we deployed an experienced nurse/Private Investigator and found several former employees who provided telling statements describing under-staffing and poor attention to wound care at the facility. The matter failed to resolve at mediation but 4 weeks later the parties agreed to resolve their differences.
2013 Middle Tennessee (Franklin): Retired Baptist minister with a diagnosis of glaucoma which had been stable for 15 years with corrected 20/20 vision who suffered from mild dementia enters an Assisted Living Facility in February, 2011 as a private pay resident with his wife. Family was paying $800 per month for their father to have help administering his daily glaucoma medications. In April, 2012 the resident walked into a wall and told his children that he could no longer see very much out of either eye. Resident taken that morning to his long-term treating ophthalmologist who determined that pressure readings exceeded 55 (normal range would be less than 18-20) and after application of eyedrops, pressure readings immediately dropped back to normal. Subsequent testing revealed permanent damage leaving the resident totally blind in one eye and with minimal vision in the other eye. Treating doctor advised family that resident had not received glaucoma medication for at least 3-6 months. Records at the facility looked perfect. Family confronted administrative staff who, on reviewing his medications, explained that he was given glaucoma medications from dead residents. Family secretly tape recorded this conversation and subsequent media interview of Director of Nursing captured her on tape denying having ever told family such news. We were subsequently able to prove that the facility had not ordered Lumigan, one of the resident’s glaucoma medications, for nearly 9 months. After the news story ran, an additional family of another resident at the same facility contacted us to explain that their father had suffered the exact same issue during the same time period as the resident in question and that management was made aware of their concerns as well but did nothing to investigate. A long term nurse who had perfectly charted on our client’s chart for months was subsequently terminated and the DON was also fired. After a failed mediation, the case finally settled in late 2013 on the eve of depositions of key fact witnesses.
May, 2013: Successful resolution of a Stage 4 infected sacral bedsore that caused the death of an elderly nursing home resident at a Memphis, Shelby County nursing home. There was an absolute total lack of attention to the sacral wound and the resident presented to the hospital for a “mental status change” when in reality he had a highly elevated White Blood Cell (WBC) count, was fully septic from the infected sacral pressure sore, and lab values also indicated a highly elevated BUN (marker for dehydration), and an elevated Creatinine level (evidencing acute renal failure). The nursing home requested early mediation and the matter was resolved shortly after written discovery was exchanged.
June, 2013: Successful resolution of a wrongful death Stage 4 sacral decubitous ulcer matter against a Shelby County (Memphis area) Nursing Home. Deposition of the Director of Nursing revealed that she had no idea that the facility wound care nurse repeatedly was charting as having provided wound care to the resident even though the resident was not even in the nursing home but instead at the hospital having a wound debridement performed for an infected Stage IV sacral bedsore to the bone (osteomylitis) that the wound care nurse had described as a moderate skin tear Stage II. Confidential settlement.
Northeast TN/Mountain Empire area 2012: Lead counsel in representation of 69 year old man who was living at home alone when he suffered a fall and broke his hip. Entered nursing home for physical therapy rehabilitation. Developed Stage 4 sacral pressure sore at nursing home that became badly infected requiring trip to hospital that nursing home claimed was for a “mental status change.” On arrival at hospital, daughter sees chunks of pus flowing out of catheter and smells foul odor coming from “large necrotic” sacral bed sore. Hospital staff are shocked at wound size and odor. Surgeon note at hospital indicates that sacral bone was literally breaking off/chipping away due to bone infection (osteomylitis.) Labs on entry to hospital reveal triple digit BUN and very high creatinine proving renal failure due to dehydration. Death certificate confirmed death due to infected bed sore. Facility formally blamed treating physician by amending their answer. We refused to blame the treating physician who had earlier testified that this was an avoidable wound and that facility had never contacted physician to notify of wound’s deterioration. Facility Director of Nursing admitted in her deposition that the nursing home had never told the treating physician of a change in the wound’s condition. Cases settled on the verge of trial for a confidential settlement amount. Head Risk Manager attended mediation and personally apologized to the family and promised that the facility would perform better in the future.
Rural East TN 2011: Lead counsel in representation of a family traveling together who were stopped along with dozens of other cars due to construction father up the highway. Family was hit from behind by a tractor trailer traveling at least 55 mph at time of impact. Two of the five occupants of the station wagon were killed and two others badly injured. Within 36 hours of being contacted, we had a nationally recognized accident reconstructionist employed and a retired state trooper on the ground to investigate the accident. With witness statements obtained and the factors surrounding the cause of the accident firmly established, we then began investigating the financial situation of the tractor-trailer company. After litigation ensued and discovery answers completed, the trucking company finally offered their policy limits. The matter resolved as to all five occupants and we worked with other counsel to make sure that the proceeds were fairly divided. The family was pleased with the outcome.
Northeast TN 2011: Lead counsel in representation of elderly nursing home resident who obtained a Stage 4 sacral pressure sore that ultimately healed after she was removed from the facility. The facility acknowledged there would be a problem with liability and asked to mediate before litigation started. The matter resolved for a confidential amount.
West TN 2012: Lead counsel in representation of elderly hospital resident who obtained Stage 4 infected ulcer that led to his death. Prior to filing lawsuit, hospital approached us about resolving pre-litigation and admitted that they had not met the appropriate standard of care. Given their voluntary admission of liability combined with the termination of a certain nurse who had consistently provided inappropriate care, the family willingly mediated the matter and it resolved for a confidential amount.
SW Virginia/NE Tennessee 2012: Lead counsel in representation of nursing home resident who obtained Stage 4 sacral ulcer and suffered mystery fracture even though bed bound. During litigation deposition of D.O.N. revealed that Owner of facility had instructed DON to send home all additional staff once state mandatory minimum staffing levels were met. Issues of understaffing played a crucial role. DON testified that it was policy of nursing home to automatically destroy all documents pertaining to staffing levels as soon as annual survey was performed and state inspectors left the building. DON admitted that all documents that pertained to facility-wide monitoring of pressure sores and understaffing issues had been destroyed. After Stage 4 pressure sore develops, nursing home attempted in the medical chart to accuse family of interfering with care, yet this defense failed after DON admitted that family was involved with care, visited every day and that family’s attention to the sore and treatment of the sore was actually approved of by staff members who trained family to treat sore due to staffing problems. This case resolved for a confidential number.
Shelby County (Memphis) Tennessee 2012: Lead counsel in matter involving infected Stage 4 decubitus ulcer. Daughter of NH resident finds massive Stage 4 infected ulcer that NH had never reported to treating physician or family. Daughter confronted D.O.N. who attempted to blame treating physician, family and prior hospital. Daughter had secretly recorded meeting with D.O.N. and met with treating physician the next week (also recorded) who denied even knowing about formation of bed sore. Litigation ensued. DON had disappeared and dropped out of the industry. We found her in rural town across the country where her deposition revealed that she had been hired to “turn around the facility” yet she was not provided budget for appropriate support staff, thereby causing her to perform non-clinical duties that admittedly kept her from focusing on performance of nursing staff. Issues of under-staffing also raised. Matter settled shortly before trial for a confidential amount.
Rural SW Tennessee 2011: Lead counsel in matter involving Stage 4 infected sacral decubitus ulcer that Death Certificate confirmed caused resident’s death. Matter actually went to trial on three separate occasions. Insurance company brought in national counsel to try case. Each time unable to seat jury due to nursing home owner employing nearly 1,300 people in a county of 10,000. Last attempt resulted in over 200 jurors called to courthouse without success. Investigation revealed that treating physician’s alleged Progress Note created day before visit to hospital may have been falsified as physician never billed Medicare for any such visit and his alleged Progress Note that sore seemed fine did not match up with massive infection and osteomyelitis found next day at hospital.
NE Tennessee-SW Virginia 2012: Represented the family of a woman with dementia who eloped from the facility and died from traumatic brain injury due to a fall in parking lot. Facility purposefully failed to report details of incident to Department of Health. Investigation revealed that residents with dementia had been eloping from facility repeatedly for nearly twenty years. Families of other residents had consistently reported general lack of security at facility to no avail. Prior to settlement, family demanded that facility install general security system designed to prevent residents from escaping. Facility complied and the matter resolved prior to filing a lawsuit.
SW Virginia-NE Tennessee 2011: Lead counsel in representation of family of a 98 year old female who was dropped while being transferred in a Hoyer lift when sling attached to lift failed. Fractured femur with Death Certificate confirming death caused by the fall. Director of Nursing (D.O.N.) testified that she wanted to report the incident to Department of Health but management told her not to since the drop was actually just a “change in vertical position” therefore technically not requiring state notification. Found former employees who testified that facility replaced worn out slings before annual Department of Health inspection then placed old worn out slings back on floor after state inspectors left and sent the new slings back to corporate headquarters. Current employee testified that due to limited availability of slings, in direct opposition to policy of air drying all slings, instead, slings were bleached and then placed in industrial dryer to quicken drying process which also increased wear factor on slings. We hired a nationally renowned textiles expert to microscopically examine alleged failed sling after our clients testified that the sling produced looked much better and was not the sling that failed. Expert confirmed that the sling produced had been cut and burned on the ends to try and replicate a simulated failure. D.O.N. testified that right after sling failure incident all other worn out slings were destroyed. Case resolved shortly before trial for a confidential number. Facility has since increased the number of slings from three to twenty and mandated that slings are destroyed well before they become old and rotted.
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 time 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.