Friday , May 25th 2018
 
       
 
Practice Areas
 
 
 

October 13, 2003 - Deal impacts outcome of nursing home death case

A Harrison county, W.Va., jury awarded $50 million in compensatory damages to the son of a nursing home patient, unaware that the parties had already struck a $5 million settlement midway through the trial.

Harrison County Circuit Judge Thomas A. Bedell ended the trial before the jury was to consider punitive damages because the agreed-upon ceiling had been exceeded. There will be no appeals.

According to plaintiffs' counsel Christopher J. Regan, the most critical factor influencing the plaintiff in entering into the high-low agreement and settling for $5 million was that the plaintiff could recover only a maximum of $1 million in compensatory damages under West Virginia law. "Five million would be $4 million more than what she could collect. This was definitely the right way to go," said Regan.

Plaintiff James Meredith filed the lawsuit last year after his 57-year-old mother died of complications from a gangrenous gallbladder in 1999. She had been admitted to Heartland of Clarksburg, a subsidiary of Manor Care Inc., to receive physical therapy for an inflammatory disorder of the brain and spinal cord, and heart complications. The suit alleged that the understaffed nursing home allowed Meredith's gallbladder attack to progress too far by the time doctors were called in to treat it. Manor Care operates more than 500 nursing homes, assisted living facilities, outpatient clinics and home-health care offices nationwide.

<< back

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

 
Contact Us
 

For questions about personal injury laws, fill out the form below or contact us by phone.

Law Offices of
Fuentes & Berrio.LLP

709 E. Hillsboro Blvd.
Deerfield Beach, FL 33441

(877) 354-LAWS
Toll Free
(954) 752-1110
Broward County
(305) 931-2002
Miami Dade
(561) 279-2424
Palm Beach
(352) 387-1000
Martin County
(954) 794-1212
Fax
If you would like to contact us or have us review your case, please fill out the form below.
 
 
 

Home | About us | contact us | newsletter | ESPAÑOL

Copyright © 2008 Fuentes & Berrio, L.L.P., All rights reserved | Developed by LawyerEdge