North Carolina Jury Absolves Nursing Home in Death of Resident

FOR
IMMEDIATE RELEASE

Cumberland
County Jury Absolves Nursing Home in Death of Resident

Fayetteville,
North Carolina. January 31, 2013

A jury in
Cumberland County concluded a three-week medical-malpractice trial of a

wrongful death
action against a Fayetteville nursing home on Friday, January 25, 2013, with a

unanimous
defense verdict, finding that the resident suffered neither death nor injury as
a result

of any
negligence of the defendant, Woodlands Assisted Living & Rehabilitation
Center. The

nursing home was
represented by Mike Hurley and Lindsay Clifton of Hurley Law Office in

Raleigh. The
plaintiff was represented by Albert D. Kirby, Jr., Ana-Cris Jimenez, and
Tierryicah

Mitchell of the
Kirby Law Firm in Clinton. Special Superior Court Judge Lucy Inman presided

at the trial.

The plaintiff,
the daughter of the decedent and the legal representative of the estate,

alleged that the
nursing home was negligent in failing to provide adequate food and water to the

67-year-old,
six-foot-one-inch Alzheimer’s resident, whose weight dropped from 152 to 110
lbs.

over the course
of his seven month stay at the facility. The plaintiff also alleged that the
nursing

home failed to
prevent and heal multiple Stage IV sacral pressure ulcers, leading to sepsis
and

death. The
resident was discharged from the facility on June 4, 2007 after a nurse found
him to

be
non-responsive. He died at Cape Fear Valley Hospital on June 21, 2007.

The defense
maintained that the decedent’s physical and mental decline and his ultimate

inability to
avoid and heal his sacral pressure ulcers stemmed from complications of
end-stage

dementia, not
the quality of his nursing care. The defense further argued that the resident’s

advanced
dementia and resulting refusals of food and fluids led to his dehydration and

malnutrition,
which further complicated the nursing home’s efforts to take care of him.

The defense
maintained that the decedent’s physical and mental decline and his ultimate

inability to
avoid and heal his sacral pressure ulcers stemmed from complications of
end-stage

dementia, not
the quality of his nursing care. The defense further argued that the resident’s

advanced
dementia and resulting refusals of food and fluids led to his dehydration and

malnutrition,
which further complicated the nursing home’s efforts to take care of him.

 

FOR
IMMEDIATE RELEASE

Cumberland
County Jury Absolves Nursing Home in Death of Resident

Fayetteville,
North Carolina. January 31, 2013 Page 3

CONTACTS:

Michael
C. Hurley

Lindsay
N. Clifton

Hurley
Law Office

5400
Glenwood Avenue, Suite G-1

Raleigh,
North Carolina 27612

Phone:
(919) 420-7984

Fax:
(919) 420-7986

Email:mike@mchurleylaw.com

Email:lindsay@mchurleylaw.com

Albert
D. Kirby, Jr.

Ana-Cris
Jimenez

Tierryicah
Mitchell

Kirby
Law Firm

118
Lisbon Street

Clinton
NC 28329

Phone:
(910) 592-4481

Fax:
(910) 596-0159

Email:kirbylaw@embarqmail.com

CASE
REFERENCE:

Mickie
Sue Davis, Administrator of the Estate of Lonnie F. Tew vs. SW Management
Group, Inc.

a/k/a
Woodlands d/b/a Woodlands Assisted Living & Rehabilitation Center
;
Cumberland

County Superior Court; file no. 11-CVS-8400

 

Author: Web Master
Related Link:
Westlaw Number:
File Attachments:

loggedout