Defense Verdict in Ohio Nursing Home Malpractice Trial

Defense Verdict in Ohio Nursing Home Malpractice Trial

Leslie 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.

The 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 weeks later.

The 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.

The 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.

The 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.
 

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