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Case Results

Verdicts

 

Shirley K. Arnold, as Administratrix of the Estate of Edward J. Arnold, deceased vs. Whitestone Healthcare Group, LLC d/b/a Whitestone Care Center, Saber Healthcare Group, LLC and Saber Healthcare Holdings, LLC
Date 11/17/2017
Amount $1,000,000
Location Stroudsburg, Pennsylvania
Damages Alleged Abuse, neglect, fall from wheelchair resulting in hip fracture, delay in treatment.
Facts Attorneys at Reddick Moss represented Shirley Arnold, the wife of Edward Arnold and the Administratrix of his estate.  Edward Arnold was a 70 year-old resident at Whitestone Care Center (“Whitestone”) from April 2, 2014 until his discharge on April 22, 2014.  While a resident, Mr. Arnold was subjected to terrible nursing home conditions caused by short staffing which led to his pain and suffering.  Mr. Arnold suffered from a fractured hip after being left in his wheelchair for 45 minutes following his third dialysis treatment of the week.  Testimony revealed that, although the Defendants knew he was a fall risk and suffered from a condition that could cause him to spontaneously loss consciousness, they left him alone in his wheelchair to go get a lift to put him in bed.  The Defendants had failed to care plan for his condition and failed to provide him with any chair alarm.  He passed out and fell out of the wheelchair which caused a hip fracture in his right leg.  Former caregivers of Mr. Arnold testified about the chronic understaffing at Whitestone and that the Defendants ignored the complaints.  The jury also heard about Defendants knowledge of repeat citations by the Department of Health following visits to Whitestone prior to Mr. Arnold’s residency.  The jury awarded $250,000.00 in non-economic damages for pain and suffering and $750,000.00 in punitive damages.  The Defendants were represented by Marshall Dennehy Warner Coleman & Goggin in Allentown, PA

 

Danna Davis, as Personal Representative of the Estate of Dovie Davis, deceased vs. Little Rock Retirement Residence Limited Partnership d/b/a Andover Place; et al.
Date 9/18/2017
Amount $630,278.73
Location Little Rock, Arkansas
Damages Alleged Wrongful death
Facts Attorneys at Reddick Moss represented Danna Davis, the daughter of Dovie Davis and representative of her estate.  Dovie Davis was a 98-year-old resident of Andover Place (“Andover”), which held itself out as an independent living facility.  Andover was owned by Holiday Retirement, a corporation with over 300 facilities in the United States and Canada.  Andover advertised that they would provide a safe and secure environment which included responding to emergencies.   During a winter storm in 2012, the facility lost power, and testimony revealed that the employees of the facility and middle and upper management failed to follow a multitude of safety rules and failed to respond to the emergency as they promised to do.  As a result, Ms. Davis died of hypothermia from the prolonged exposure to cold. The defendants were represented by the law firm of Hardin, Jesson & Terry, PLC.

 

George Alcon, individually and as Personal Representative of the Estate of Sophia Maria Alcon v. South Pueblo Medical Investors, LTD. d/b/a Life Care Centers of Pueblo and Life Care Centers of America, Inc.
Date 5/13/2016
Amount $5,557,066.43
Location Pueblo, Colorado
Damages Alleged Abuse, neglect, multiple infections, poor hygiene, bed sores, extensive bruising, dehydration, malnutrition, aspiration pneumonia
Facts Reddick Moss attorneys represented George Alcon, son of Sophia Alcon and representative of her estate. Ms. Alcon had been a resident of Life Care Centers of Pueblo in Pueblo, Colorado from April 2013 until her death in November 2013. Ms. Alcon suffered repeated instances of abuse and neglect at the nursing home that caused her to develop bedsores and bruising, as well as multiple infections and bouts of aspiration pneumonia. Testimony revealed that Ms. Alcon was often found lying in her own urine and feces, and the care that she received was so poor that at one point she was transferred to the emergency room, where hospital staff had to notify her family that her vagina was packed with dried feces. Former caregivers of Ms. Alcon testified about poor conditions in the facility, and the jury heard about state inspections conducted at the facility that detailed regulatory violations similar to those that caused Ms. Alcon’s injuries. The jury awarded $57,066.43 in economic damages for negligence, $500,000 for wrongful death, and $5,000,000 in punitive damages. The Defendants were represented by Wheeler Trigg O’Donnell, LLP in Denver, Colorado.

 

Alice Franz, as Attorney-in-Fact of James Edmond Sharon v. SSC Pueblo Belmont Operating Company, LLC d/b/a Belmont Lodge Health Care Center, et al
Date 05/22/2014
Amount $3,300,000
Location Pueblo, Colorado
Damages Alleged Bedsores, dehydration, contractures of his upper and lower extremities, urinary tract infections, poor hygiene, and infections
Facts Attorneys at Reddick Moss represented James Edmond Sharon, by and through Alice Franz, his sister and Attorney-in-Fact. Mr. Sharon was a resident at Belmont Lodge Health Care Center in Pueblo, Colorado. Mr. Sharon, who suffers from mild mental retardation and dementia, endured repeated instances of abuse and neglect at the nursing home that led to the development of bedsores so severe and deep that at least one was infected down to his bone. Testimony from caregivers revealed that he was often found covered in his own feces with outdated bandages on his wounds. In addition, Mr. Sharon’s direct caregivers testified at trial about Mr. Sharon's injuries, shortages of nursing staff and problems state inspectors found with the care of Mr. Sharon. In addition, Mr. Sharon’s direct caregivers testified at trial about Mr. Sharon's injuries, shortages of nursing staff and problems state inspectors found with the care of Mr. Sharon. The jury awarded $300,000 for negligence and $3,000,000 in punitive damages.

The Estate of James White v. Kindred Hospital – Louisville
Date 06/10/2013
Amount $463,570.60 Hospital Arbitration Award
Location Louisville, Kentucky
Damages Alleged Tracheotomy dislodgement, wrongful death
Facts Attorneys at Reddick Moss, along with the Sampson Law Firm, represented the Estate of James White who suffered from a tracheotomy dislodgement while he was a patient at Kindred Hospital – Louisville. Testimony at arbitration revealed that Mr. White was assessed for being at high risk for decanulation or needing the assistance of two people upon receiving all Activities of Daily Living care and treatment. Mr. White was assisted to his bed from a bedside commode by one Certified Nursing Assistant which resulted in a tracheostomy decanulation or ventilator dislodgment. The one assist transfer was in violation of Kindred's own policies and procedures. As a result, he was without oxygen for 15 minutes which led to his death secondary to a loss of airway. Evidence presented at arbitration also established that the hospital was consistently understaffed causing the Arbitrator to award punitive damages based upon the hospital’s “reckless disregard for the safety, health, and well-being of” of Mr. White. The Arbitrator awarded Mr. White’s Estate $463,570.60 including $225,000.00 in punitive damages.

Townsend v. Bayer Corporation
Date 11/02/2012
Amount $1,854,102.37 Judgment
Location Pine Bluff, Arkansas
Damages Alleged Employment Retaliation, Lost Wages
Facts Attorneys at Reddick Moss, together with Banks Law Firm, represented Mike Townsend, a former employee of Bayer Corporation.  Mike Townsend worked for Bayer Corporation as a pharmaceutical salesman covering the state of Arkansas.  During the course of his tenure with Bayer, Townsend uncovered possible fraudulent Medicare billings with a doctor he called upon.  Michael Townsend reported to his superiors and asked for guidance.   When nothing was done to intercede, Michael called the Arkansas Attorney General anonymous tip-line, which results in the doctor's arrest, prosecution, and arrest.  Shortly after the doctor's trial Townsend was fired from Bayer Corporation who accused Townsend of failing to properly manage his company credit card.  Michael Townsend believed the his firing represented retaliation by Bayer Corporation for reporting the doctor and in turn jeopardizing company sales. The jury returned a verdict of $889,373 against Bayer Corporation for lost wages and non-economic damages.   The court’s judgment totaled $1,854,102.37This amount reflects the final judgment as well as attorneys’ fees and costs that were awarded.


The Estate of Mary Etta Dycus vs. Maumelle Investments & Associates, LLC d/b/a Grace Healthcare of Maumelle
Date 12/13/2010
Amount $250,000
Location Little Rock, Arkansas
Damages Alleged Fractured hip, medication errors, poor hygiene
Facts Attorneys at Reddick Moss represented the Estate Of Mary Etta Dycus, a resident of Grace Healthcare of Maumelle in Pulaski County, Arkansas. The nursing home was owned and operated by an out-of-state chain with facilities throughout the country. During her stay, Ms. Dycus sustained injuries as a result of short staffing in the facility when she was allowed to fall on multiple occasions without intervention. She fell a final time and broke her hip. In addition, her medications were not administered according to physician orders, and she suffered poor hygiene as a result of short-staffing at the facility. The jury returned a verdict of $250,000 against Grace Healthcare of Maumelle for violation Ms. Dycus’ resident rights.


Rogers vs. U.S. Xpress, Inc.
Date 10/15/2010
Amount $10.3 Million
Location Prairie County, Arkansas
Damages Alleged Severe Burns
Facts Attorneys at Reddick Moss represented U.S. Army Staff Sgt. Mark Rogers and his family who were traveling through Arkansas while on vacation when their car was corralled by several tractor-trailers just outside Biscoe. One of the rigs ignited, and the fire spread, setting Rogers' car on fire. His was the only door that would open, so the 34 year old escaped and kicked in the windshield to rescue his wife, daughter and son. In total, six tractor-trailers were involved in the catastrophic accident that left three of the four Rogers family members severely burned.  The trial was against the tractor trailer that caused the collision to the rear of the Rogers' vehicle trapping them inside as the fire spread through the vehicle.


Harry Wilson vs. Genesis Health Ventures
Date 12/19/2007
Amount $3.5 Million
Location Philadelphia, Pennsylvania
Damages Alleged Neglect and abuse by nursing home resulting in a fractured hip and multiple stage IV pressure sores
Facts Attorneys at Reddick Moss represented the estate of Harry Wilson. Mr. Wilson, who suffered from dementia, often wandered from his home, which necessitated him being admitted to the nursing home for his safety. During his stay at the nursing home, Mr. Wilson suffered from seven falls, one of which resulted in a broken hip. While in the nursing home, he also became malnourished, dehydrated, and developed large stage IV bed sores. In the end, a faulty piece of equipment contributed to Mr. Wilson’s death. These injuries were the result of the facility’s lack of adequate staff and supplies due to budgeting decisions made by Genesis Health Ventures, Inc., the parent corporation of Mayo Clinic. The jury returned a unanimous verdict of $3.5 million.


Givens vs. Rose Care, Inc.
Date 01/21/2004
Amount $1.6 Million
Location Benton, Arkansas
Damages Alleged Neglect by nursing home leading to pressure sore
Facts Attorneys at Reddick Moss represented the estate of Eula Givens whose one year and two month residence at Rose Care was marked by chronic urinary tract infections, blood and urine infections, malnutrition resulting in 41-pound weight loss, and 10 separate pressure sores – one deep enough to reveal bone. The jury returned a verdict of $1.6 million.


Sauer vs. Advocat, Inc.
Date 06/22/2001
Amount $78.425 Million
Location Mena, Arkansas
Damages Alleged Neglect by nursing home leading to medical malpractice, tort of outrage, breach of contract, wrongful death
Facts Attorneys at Reddick Moss, along with Danny Thrailkill at Page, Thrailkill & McDaniel, represented the Estate of Margaretha Sauer who suffered from dehydration and malnutrition while she was a resident at Rich Mountain Nursing and Rehabilitation Center. Mrs. Sauer was left unattended in her room and allowed to lie in her own feces for hours. Testimony at trial also showed that the facility was seriously understaffed and residents, including Mrs. Sauer, suffered as a result of the lack of staff. The nursing home’s negligence eventually led to Mrs. Sauer’s kidney failure and she ultimately died. The jury returned the largest verdict ever reached against an Arkansas nursing home, $78.425 million after deliberating just over two hours.


Morehead vs. Little Rock Health Care and Health Facilities Management
Date 2/22/2001
Amount $1.54 Million
Location Little Rock, Arkansas
Damages Alleged Neglect by nursing home including poor hygiene, multiple bedsores, contractures, fractured hip and numerous urinary tract infections
Facts Attorneys at Reddick Moss represented Johnnie Morehead who suffered bedsores that became so infected that he developed sepsis- an infection of the blood. Mr. Morehead was left to lie in his own urine and feces for extended periods of time and this contributed to his continual skin breakdown. A jury returned a verdict for $1.54 million.