CNA takes another defense verdict this time in a Home Health Care claim in DC.
CNA takes another defense verdict, this time in a Home Health Care claim in DC. John Murphy provided the defense arguments in a claim involving the development of decubitus ulcers to a bedridden 91 year old female, eventually resulting in sepsis and death. Both defense and plaintiff experts testified that the primary wound developed over the weekend, that no documentation existed on turning and repositioning while the patient was under family care, and that the wound worsened after the defendants concluded their provision of care.
Even after showing the jury dramatic photos of a Stage IV wound that drew gasps, plaintiff counsel was unable to convince the panel that its development was the result of the 40 hours per week of the defendants’ contracted care, vs. the family’s provision of care for the remaining 128 hours per week. In an unusual twist, the jury was allowed to ask questions directly of all testifying witnesses, which helped to clarify the timing and progression of the skin breakdown.
Deborah L. Riley, JD ALHC ACS
CNA HealthPro Claim