The Estate of Byam Whitney v. Kindred Healthcare et al.

In a 10-day trial a Nashua, New Hampshire jury found Kindred Healthcare nursing center Green Briar met the standard of care and did not make an award to the Estate of Byam Whitney.  The case was tried for the defense by Attorney Brad Holt and Attorney Kiersten Schultz at the Manchester, NH firm of Devine Millimet.  The Plaintiff’s were represented by attorney David Hoey of The Hoey Law Offices, N. Reading MA and Attorney Benjamin Gideon of Berman & Simmons, Portland, ME.

The case involved the development and worsening of pressure sores.  Both sides provided expert testimony regarding whether the wounds were preventable.  The statute of limitations had run as to the plaintiff’s survivorship claim leaving them with only a wrongful death claim.  As it turned out, the jury found no liability and damages were not considered.  The jury deliberated for only two hours.  Plaintiff’s counsel followed the “Reptile Theory” playbook stressing safety rules allegedly violated throughout their case.  The plaintiffs requested an award of $4.5M.

 

Author: Daniel
Westlaw Number: 1234
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