Defense Verdict in Ohio Nursing Home Malpractice Trial
Jenny and Jason Ferrante of Marshall Dennehy Warner Coleman and Goggin received
a defense verdict in a nursing home/medical malpractice trial on May 13, 2013
in Jefferson County, Ohio.
case involved claims of falsified medical records and lack of appropriate
medical equipment related to the suffocation of an 81-year-old resident of the
Dixon Health Care Center. The resident became short of breath on February 8,
2009. The physician was called, and orders for medications and additional care
were given. However, the resident became increasingly short of breath over the
next four hours. EMTs reported that by the time they were called, the woman was
cyanotic and being suffocated by an inappropriately applied oxygen mask. They
claimed that she suffered anoxic brain injury that resulted in her death two
nurse caring for the patient on the morning in question testified that she
falsified the medical records at the request of the management and that there
was a company policy against sending patients to the hospital when census was
low. This testimony was supported by the Assistant Director of Nursing.
defense claimed that oxygen was applied to the resident and that additional
interventions were not going to improve her breathing since she suffered from a
massive heart attack that was the instigating event.
plaintiff asked the jury for $2.5 million, but the jury came back with a
unanimous defense verdict after a little more than one hour.