Park View Nursing Home Pays Family of Victim $2,000,000 in Damages for Neglect
In the case of Small vs. Park View Nursing Home LLC, a jury returned a massive $2,000,000 pain and suffering verdict for the plaintiff. Here are the case facts and how this massive nursing home plaintiff’s verdict was achieved.
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Case Facts in Lawsuit Against Park View Nursing Home
The injured resident, Mr. Small, had a history of CHF and water retention. He also suffered from dementia and was on dialysis for kidney disfunction. He was taken to the hospital from the nursing home for a rather routine issue. The hospital confirmed he was OK and sent him back to Park View nursing home via non emergency transport. After his discharge from the hospital back to Park View, the Park View staff allegedly did not properly assess or check in Mr. Small. In actuality, Mr. Small eloped from the facility and was missing for 8 days. It is not clear whether Mr. Small ever entered the facility on re-admission.
During that 8 day period that Ms. Small was wandering outside of the facility, his health took a fatal turn.
When Mr. Small was finally discovered, he had pneumonia and widespread infection. Mr. Small’s shunt for his dialysis was infected and he was not given his prescription medication. All this resulted in his wrongful death, after he ultimately succumbed to sepsis.
Park View Nursing Home’s Defense to Negligence Allegations at Trial
At trial, the facility’s attorneys argued that it was the negligence of the wheelchair transportation company, and not Park View, that caused Mr. Small to go missing. The nursing home alleged that the ambulette likely dropped him off at the wrong location and did not assist him in getting into the building, so Park View should not be held liable.
How a Jury Justified a $2 Million Damages Award against Park View Nursing Home
Since medical bills were not at issue, the jury’s determination was based solely on the pain and suffering of Mr. Small, the decedent. Mr. Small’s family testified as to how badly he suffered due to the lack of medication and dialysis, during the final days of his life. His siblings provided particularly powerful testimony on how bad these final days were for Mr. Small.
Ultimately, the jury agreed with the Small family and entered a verdict against Park View Nursing Home for $2,000,000 in pain and suffering damages.
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