Bridgeport CT Jury Awards $1.5M in a Nursing Home Fall Case
A Bridgeport jury awarded the estate of an 80-year-old Norwalk woman approximately $1.5 million following her death from a fall at a nursing home in 2004.
Plaintiff was represented by Eric Smith of Stratton Faxon. Plaintiff was admitted to the Darien Health Care Center and shortly after being admitted rang for assistance to go to the bathroom. When no one came she attempted to get out of bed by herself and fell, breaking her shoulder and hip. She underwent surgery on her hip & shoulder. Plaintiff’s theory in the case was that the resident was admitted and the facility didn’t evern know she was there and did not provide even the mose rudimentary medical care. There were also allegations of fraudulent charting inclduing a fall risk assessment alleged by the plaintiffs to have bee created after the fall, that placed the resident at a low risk for falls.
Halloran & Sage defense lawyer Richard C. Tynan represented the health care center. The defense argued it warned Miller not to leave the bed without assistance. The jury deliberated for a short period of time and gave the estate $1.5 million for pain, suffering and loss of life.
The defense called the head of geriatrics at Bridgeport Hospital to testify about plaintiff’s expected lifespan. Dr. Beata Skudlarska testified that, factoring in Millerâ€™s pre-existing conditions, her weight of 63.9 pounds and her respiratory problems, she had a likely life expectancy of only six to 12 months prior to her fall.
The defense is in the process of filing post-verdict motions â€“ for the verdict to be set aside for being against the weight of evidence; for a reduction in the amount; for a new trial.