South Carolina Nursing Home Lawyer & Attorney : Poliakoff & Associates Law Firm : Elderly Care, Senior Care

Trial Judge Denies Defendant’s Post-Trial Motions, Upholds Jury Verdict for Plaintiff in
Fall/Injury Case (Hawkins v. SSC Hendersonville Operating Company, LLC, d/b/a
The Brian Center Health and Rehabilitation)

On February 21, 2008 the trial Judge (the Honorable Judge Dennis Winner)  DENIED all of Defendant’s post-trial Motions in the fall/injury case, leaving intact the jury verdict of $800,000 ($200,000 in actual damages, $600,000 in punitive damages).

The case was tried in Superior Court in Hendersonville, North Carolina from November 6-16, 2007. Plaintiff proved that the Defendant failed to provide the reasonable and necessary care to prevent decedent, Neal Hawkins, from falling on three separate occasions in one day when it was documented he was a significant fall risk, and was suffering from a significant change in his condition.  Defendant failed to care plan or intervene for the known risk.

On February 11, 2006 Mr. Hawkins fell three times in a single day,  fracturing his hip on the last fall. The facility did not discovery the severe fracture for seven (7) more days. Mr. Hawkins underwent hip surgery. Five (5) weeks later he died of pneumonia. After nearly two (2) weeks of trial, the jury returned a verdict of $200,000 actual damages, plus $600,000 in punitive damages.

Defendant filed post-trial Motions on various alleged issues, seeking to eliminate the punitive damages award, challenging Plaintiff’s expert opinions regarding North Carolina’s "community standards" rule, and objecting to the Judge’s jury instructions. The trial Judge received Memoranda from both parties, heard oral arguments, and has entirely DENIED all of Defendant’s post-trial Motions. Defendant has indicated that they may appeal.

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After a 2 week trial in Hendersonville, North Carolina, the jury awarded $800,000.00 to the Plaintiff. Plaintiff was represented by Poliakoff & Associates of Spartanburg, South Carolina. The jury award was $200,000.00 for personal injury suffered by the decedent while a resident at Brian Center - Hendersonville, and $600,000.00 in punitive damages. The Brian Center - Hendersonville is a nursing home owned by SSC Hendersonville Operating Company, LLC which is a subsidiary of  SavaSeniorCare. The Defendant denied all liability, and vigorously defended the entire suit.

The Plaintiff argued that the decedent, Neal Hawkins, Jr., was identified by the Brian Center as being high risk for falls, but that the facility did little to address this problem in the care plan for the resident, and failed to revise the care plan on occasions when changes in his condition compelled such. Further, on February 11, 2005, Mr. Hawkins fell 3 times in one day at the facility, apparently fracturing his hip on the 3^rd fall. Plaintiff further argued that the nursing facility failed to properly assess the patient, failed to follow procedures, failed to follow doctor’s orders, and allowed Mr. Hawkins to remain in the facility in pain for 7 days following the fracture, until he was finally transferred to the hospital.

The Defendant denied that it was liable or responsible for the falls or any resulting injury, and argued that it followed appropriate procedures. On November 16, 2007, the jury awarded a total of $800,000.00 in actual and punitive damages.

Plaintiff’s experts were Dr. Jonathan Klein of Falls Church, Virginia; Janet White of Emporia, Virginia; and Katherine Johnson, of Orlando, Florida. The case was tried for the Plaintiff by lead counsel Gary W. Poliakoff, Raymond P. Mullman, Jr., and Lara Pettiss Harrill. Also participating were attorney Matt Yelverton and attorney Greg Newman, both of Hendersonville, North Carolina.

As of the time of writing of this entry, the Defendant has indicated a possibility of appeal.

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On April 27, 2007 a conference was held in Columbia, South Carolina, entitled, "Nursing Home Malpractice: Evaluating and Addressing Accountability." The conference was sponsored by the National Business Institute. Five attorneys spoke on various aspects of nursing home litigation in South Carolina. Attorney D. Nathan Hughey, who has represented both plaintiffs and defendants in nursing home litigation, performed a study of jury verdicts in South Carolina in nursing home litigation for the past decade. Mr. Hughey reported at the conference that the most recent jury verdict in South Carolina was the case of Sinclair v. White Oak Manor, tried in November of 2005, in Spartanburg County, South Carolina. The jury awarded $1,050,000.00 in the case, being the 2^nd highest jury verdict in a nursing home malpractice case in South Carolina in the past decade.

The case involved an 85 year old patient being administered a shot of insulin in error, along with other allegations of on-going neglect for a period of time. The Plaintiff alleged hypoglycemic shock and increased dementia, in a hotly contested case in which the Defendant denied that the patient suffered any long term problems.

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On April 27, 2007, Gary W. Poliakoff spoke at an annual conference hosted by the National Business Institute, entitled, "Nursing Home Malpractice: Evaluating and Addressing Accountability." Mr. Poliakoff also was a speaker at the same conference in 2006, also regarding nursing home malpractice litigation. Mr. Poliakoff’s topic this year was, "Issues Involved in Taking the Case to Trial." Included in his presentation, Mr. Poliakoff discussed opening arguments, special litigation techniques, tips for making a persuasive argument, sending the right message during closing arguments, how to determine damages, and examples of litigation in nursing home cases. The attendees consisted of attorneys and paralegals representing both plaintiffs and defendants in nursing home litigation. In his presentation Mr. Poliakoff also provided significant case law regarding nursing home litigation, as well as significant orders issued by courts in nursing home cases.

While Mr. Poliakoff’s firm represents only plaintiffs (patients and their families) in nursing home abuse and neglect cases, he presented case law, exhibits, and legal points applicable to the nursing home litigation as a whole.

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NBI Seminar

PROGRAM DESCRIPTION
Champion Your Client's Cause and Win

As an attorney who handles nursing home malpractice claims, you know that such litigation is entirely different from other types of malpractice litigation. You must devote an enormous amount of time, energy and resources just to keep up with a wide range of laws and unique issues. But now there's a single source you can turn to for the specialized information you need to successfully manage such cases.

This information-packed seminar distills volumes of exhaustive research into useful strategies that will help you prove or disprove that a nursing home has caused injury. Let us walk you through all the steps in a nursing home malpractice claim and show you how to make decisions that support your case - from investigation through litigation and every step in between. Attend and get up-to-date on laws pertinent to nursing homes and how typical cases move through the legal system - knowledge that will prepare you to overcome daunting legal hurdles. Don't miss this opportunity to focus in-depth on case management techniques that pave the way to a favorable outcome - for every client you represent.

Minimize the impact that the "Wandering Resident" presents.
Make persuasive arguments to establish causation.
Drive your points home clearly in your opening argument.
Understand who your client really is to avoid ethical conundrums.
Evaluate nursing home cases properly.
Identify how an advance directive impacts your case.

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