90 Million Dollar Nursing Home Verdict

Written by Adam Peck Category: Nursing Home Abuse & Neglect May 7th, 2013 2 min read

90 Million Dollar Nursing Home Verdict, New Trial Denied: A West Virginia Judge has denied a new trial in a nursing home abuse lawsuit against Heartland of Charleston that resulted in a jury verdict of more than $90 million.

The Judge wrote that the award in this case was not unconstitutional or excessive and was done so to “accomplish punishment and deterrence.”

“This verdict sends a clear ‘deterrence’ message to a multimillion dollar nursing home corporation that its misconduct will not be tolerated in West Virginia,” the Circuit Court Garnes Order on Jury Award of Punitive Damages document states.

The lawsuit was filed May 27, 2010, against Manor Care Inc.; HCR Manor Care Services Inc.; Health Care and Retirement Corporation of America LLC; Heartland Employment Services LLC; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Charleston) after Dorothy Douglas suffered dehydration, irreversible change in mental status and acute renal failure during her stay at Heartland of Charleston.

Tom Douglas claimed Dorothy Douglas, his mother, was only a resident of Heartland of Charleston for three weeks, from Sept. 4, 2009, until Sept. 23, 2009. She died shortly after she was transferred from Heartland of Charleston to a Huntington facility on Oct. 11, 2009.

The Judge entered the judgment order that reduced a $5 million portion of the award by $405,385 because the portion was subject to the state’s half-million dollar cap on damages in medical malpractice cases.

In August 2011, the jury found Heartland of Charleston had failed to feed and care for Dorothy Douglas, who died of dehydration complications after she left the nursing home.

The jury stated 80 percent of Heartland of Charleston’s fault was ordinary negligence and the other 20 percent was medical negligence. The jury awarded Dorothy Douglas’ family $11.5 million in compensatory damages and $80 million in punitive damages. The trial began July 26, 2011.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.