Kentucky Jury Awards $42M in Nursing Home Case

Good
afternoon. Yesterday, a Madisonville, Hopkins County, Kentucky Circuit
Court jury returned a verdict for $2.75 M compensatory and $40M punitive
in The Estate of Joseph Clint Offutt vs. HBR Madisonville, LLC d/b/a
Harborside Healthcare, Sunbridge Healthcare Corporation, Sun Healthcare
Group, Inc. and Harborside Healthcare Corportion. Plaintiff Attorneys
were Lisa Circeo and Lance Reins of Wilkes & McHugh, PA and the
Defense Attorneys were Robert Gwin and Marcia Pearson from Gwin,
Steinmetz & Baird, PLLC in Louisville, and Peter Molinelli from
Quintairos, Preito, Wood & Boyer in Tampa. The information we have
is:

Joseph
Offutt was a 92 year old resident at Harborside Healthcare in the
spring of 2008. Mr. Offutt had prostate cancer which made him dependent
on the nursing home to attend to his special needs. During his stay at
Harborside he was allegedly neglected by facility staff, resulting in
severe dehydration, malnutrition, bedsores, infections and untimely
death. Mr. Offutt was then transferred to the hospital for treatment.

Judge
Brantley refused to bifurcate the punitive claim. All financials were
presented on day one for the entire company. Judge Brantley admitted
every survey into evidence, including surveys conducted after the
resident’s death.  The APS (Adult Protective Services) report was also
admitted. The survey history for the company(ies) from around the
country was also admitted in evidence. All QA mock surveys were
admitted. Four former employees testified. Wilkes used the APS nurse
(non-paid) as Plaintiff’s expert.

We’ll
continue to keep you advised regarding facts as they are learned. This
is the second multi-million dollar verdict in one month (Valentine –
$10M Pulaski County, AR) and in the last 4 months, there have been four
verdicts between $3 and $144M. including the $5M Gallaway verdict in TN.

Let me know if you have any questions or comments. Rebecca

 

Rebecca Adelman

 

ADELMAN LAW FIRM, PLLC

545 S. Main St., Suite 111

Memphis, Tennessee 38103

p] 901.529.9313

f] 901.529.8772

 

www.adelmanfirm.com

 

 

 

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