$6.5 million verdict in dehydration/neglect case
The Columbus Dispatch had an article about the tragic case of Peter Southard who died from a lack of water. A mild stroke had left him debilitated, forgetful and always in need of water to drink. He died two days after leaving Whetstone Gardens & Care Center in 2005. A jury found that his care was deficient and negligent and compensated his family for his wrongful death in the amount of $6.5 million. Jurors found the nursing home solely responsible for Southard's death
"He could be told to take a drink of water and 10 minutes later forget the conversation," said Gerald Leeseberg, attorney for Southard's widow. "He lived moment to moment."
Diana Southard had cared for her husband since the stroke in 1984. "After Peter suffered a brain aneurysm in 1984, my priority in life was taking care of my husband," Diana Southard said . "When I returned from this particular respite, I was devastated to see the shape he was in.
She occasionally admitted him to a nursing home to give herself a break. In May 2005, she took him to the Whetstone center. When she returned 15 days later, she found the 61-year-old Navy veteran incontinent with clothes strewn about his room and a bloody rash on his groin from urine-soaked bedding.
"Two days later, he passed away as a result of the lack of care he received while I was away. I lost the love of my life." Doctors said he died of dehydration that caused kidney failure.
The nine-day trial included testimony from doctors who said the care at the nursing home fell below minimum standards and from aides who said they were never told of Southard's critical need for water. A glass of water was left by his TV stand. But brain damage had left Southard both thirsty and forgetful, which meant that someone had to make sure he drank enough water by watching him do it.
Jurors awarded Southard $500,000 for his pain and suffering before death and $6 million to his wife, their two daughters and three grandchildren for compensatory damages and mental anguish.
Attorneys for Whetstone argued that the dehydration death probably was the result of diarrhea after he left the nursing home. They also countersued Southard's primary-care physician, claiming negligent care and instruction.
