On Monday, July 22nd, a jury in Polk County awarded a plaintiff in a nursing home negligence case $1.2 billion for his mother’s pain and suffering.
The lawsuit focused on Arlene Townsend, who was 69 years old at the time of her death. She lived in the Auburndale Oaks Healthcare Center from 2004 to 2007. The lawsuit alleges that, in the three years that Townsend lived at Auburndale Oaks, she repeatedly fell, and was not properly supervised.
Auburndale Oaks was owned by Trans Healthcare Inc and Trans Healthcare Management, who were both defendants in the case. The companies managed the nursing home until September 2004. Both companies stopped participating in the lawsuit, and a default judgment was entered against them in 2011. The jury only had to decide the amount of damages that the plaintiff was owed.
Bennie Lazzara represented Arlene Townsend’s son, Gary Townsend, in the lawsuit.
“He is grateful that the jury saw the value of his mother’s life,” Lazzara said. “To him, she was a treasure. The jury valued her the same way.” Lazzara added that he hoped the ruling would send a message to nursing homes across the country – be very careful of staffing issues and practices, because they, too, could end up in a nursing home negligence lawsuit. Nursing home negligence will not be tolerated, he stated.
“It’s one step in the fight, but it’s a significant one,” he said of Monday’s verdict.
Nursing Home Negligence: What it Looks Like and Who is Liable
Placing your loved one in a nursing home is difficult. It is an emotionally and mentally draining decision. You trust that your loved one will be well taken care of and that patient care and proper treatment are cornerstones of the facility. When that promise, contract or the patient’s rights are violated, the nursing home should be held responsible for negligence.
Most states define neglect of an older person as the failure to provide him or her with services essential to health and safety, such as food, shelter, clothing, supervision, and medical care. Whether such failures are intentional, or simply careless, often will determine whether a case against a nursing home is framed as one for neglect or abuse.
A nursing home can be held liable for nursing home negligence negligence if:
1. the nursing home’s owner or employees breached a duty of care owed to the injured person;
2. the person’s injury was caused by this breach; and,
3. the nursing home owner’s or employee’s conduct caused the injury
The Strom Law Firm Defends Families Against Perpetrators of Nursing Home Negligence
If your loved one was injured or died as a result of nursing home negligence, contact the nursing home attorneys at the Strom Law Firm, LLC today. We offer free consultations to discuss your situation and to learn more about how we can put our experience to work for you. 803.252.4800
