Jury Awards $6.5M in Virginia Nursing Home Fall Case
A Roanoke City jury apparently got angry when an elderly resident was not provided a bed alarm and sustained a fall. The jury awarded $1.5M in compensatory damages and $5M in punitive damages. Plaintiff’s theory was that not using the alarms is less work and that is why the nursing home chose not to place the alarm. The defendants argued that alarms are considered a restraint and they try to limit the use of restraints. Under Virginia law there is a $350K cap on punitive damages thus the punitive award will likelt be reduced.