In April 2013, the judge in a case against one of the nation’s largest corporate nursing homes has denied the company a new trial, saying that the $91 million damages award for nursing home abuse was appropriate.
Judge Paul Zakaib, Jr, has denied a new trial to HCR Manorcare, specifically for its West Virginia branch, Heartland of Charleston, after a personal injury nursing home abuse trial.
The lawsuit was originally filed on May 27th, 2010, against HCR Manorcare, the corporate entity that owns and runs Heartland locations across the US, including Heartland of Charleston, in Charleston, WV.
Tom Douglas, who brought the lawsuit forward, claims that Dorothy Douglas, his mother, was a resident of Heartland of Charleston for just three weeks, from September 4th to September 23rd, 2009. She suffered serious nursing home abuse and neglect, including dehydration complications, and died on October 11, 2009, after she was transferred to a Huntington facility for better care.
On August 11, 2011, the jury found Heartland of Charleston guilty of nursing home abuse and neglect, saying that staff at the facility failed to properly feed and care for Dorothy Douglas. They stated specifically that 80% of Heartland of Charleston’s fault was ordinary negligence, while the other 20% was medical negligence. Dorothy Douglas’s family was awarded $11.5 million in compensatory damages, and $80 million in punitive damages.
Facility Fights the Nursing Home Abuse Award, Denied New Trial
Lawyers for HCR Manorcare corporate raised several claims about the verdict, including that West Virginia has a $500,000 cap on medical malpractice awards. Originally, Judge Zakaib reduced a $5 million award to $405,385 because of the cap. When Manorcare appealed again, however, Zakaib denied their re-trial.
Zakaib said the multi-million dollar damages award was appropriate, because HCR Manorcare corporate had a history of short-staffing their nursing homes, which led to multiple cases of nursing home abuse and neglect, serious patient injury, and often, death. He stated that HCR Manorcare’s negligence and intentional short-staffing was specifically to maximize corporate profits.
Manorcare says they will appeal the ruling to West Virginia’s Supreme Court.
The Strom Law Firm Prosecutes Nursing Home Abuse in South Carolina
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, explo
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceedings:
1. an investigation and finding by an adult protective services agency or the regulatory agency for nursing homes (in South Carolina it is the Department of Environmental Control);
2. a civil cause of action for damages; and/or
3. a criminal prosecution.
These three types of proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the civil action is to seek compensation for damages; and the criminal prosecution is when the state seeks to punish the harmful conduct.
If your loved one has faced nursing home abuse, you do not have to suffer in silence. Contact the attorneys at the Strom Law Firm for a free, confidential consultation. We are here to help. 803.252.4800.
