South Carolina Nursing Home Blog

South Carolina Nursing Home Blog

Nursing Home Information & Litigation

Tag Archives: punitives

Florida is Making Nursing Homes Unsafe

Posted in Tort Reform
In Jacksonville, a woman tries desperately to get justice for her mother’s sexual assault at a nursing home. Sandra Banning went before the Senate Judiciary Committee this month to try and improve the way nursing home cases were conducted in the state of Florida.  The Senate is attempting to pass more tort reform that protects nursing… Continue Reading

Punitive Awarded Against Emeritus

Posted in Staffing, Verdicts/Settlements
The Sacramento Bee reported on the conclusion of the wrongful death and abuse trial against Emeritus Corp.  At the end of the liability phase of the trial, the jury awarded the plaintiffs $3.875 million for Joan Boice’s pain and suffering. That award, however, had been capped at $250,000 by Judge Judy Holzer Hersher under state… Continue Reading

Oppose Tort Reform

Posted in Tort Reform
The National Consumer Voice for Quality Long Term care wrote a great article on why Americans should oppose tort reform. "In the legal system, a tort is defined as a civil wrong against an individual or a violation of an individual’s rights for which some kind of compensation – or damages – may be obtained.  In… Continue Reading

$8 Million Verdict in Improper Transfer Case

Posted in Verdicts/Settlements
The Louisville Courier Jornal reported the jury’s verdict in a recent two week nursing home neglect trial against Treyton Oak Towers.  The jury awarded $8 million in damages to the estate of a retired surgeon whose legs were broken becuase of neglect.  Dr. David Griffin died less than two months after he was improperly transferred from a… Continue Reading

South Carolina is Less Safe Today

Posted in Tort Reform
The amount a jury of your peers can award in punitive damages as protected in the Constitution was arbitrarily limited by the South Carolina Republican Legislature today.  Funny how they love the Constitution except the Seventh Amendment.  The House limited punitive damage awards in the typical case at $500,000, or three times the actual damages,… Continue Reading

Litigation does not affect overall health care costs

Posted in Tort Reform
Alex Nussbaum of Bloomberg had a great article about health care spending and the lack of need for tort reform. Some highlights from the article are below: Annual jury awards and legal settlements involving doctors amounts to “a drop in the bucket” in a country that spends $2.3 trillion annually on health care, said Amitabh… Continue Reading

Nursing home covered up death of resident

Posted in Nursing home cases in the news had a story about how a nursing home lied to a resident’s family regarding her death at the facility.  This typeof cover up oftens happens in nursing homes. The staff is typically the only ones who really know what happened to a resident.   The staff are worried about their job or are instructed by their… Continue Reading

Verdict upheld in nursing home fall case

Posted in Firm News
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… Continue Reading

How damage caps affect justice

Posted in Tort Reform
Here is an interesting article about a pro tort reform doctor who has had a change of heart after experiencing first hand the law of unintended consequences as a result of tort reform.  Here is an excerpt from that article. Dave Stewart’s mother went to the hospital for surgery in April. Four days later, she… Continue Reading

Jury compensates family of neglected resident with $3 million

Posted in Verdicts/Settlements
Resident’s family obtained a $3 million verdict against a regional nursing home operator named Sharo Shirshekan in Missouri.   The case involved pressue ulcers on both heels of the resident.  The feet had to be amputated because of the neglect.  Defendants attempted to blame the resident’s pre-exisiting conditions including peripheral vascular disease.  However, the jury realized that PVD does not… Continue Reading

Jury compensates familiy for neglect

Posted in Verdicts/Settlements
Chad Trammel and his team of nursing home lawyers did a great job in a difficult trial.  The multi chain (and infamous) Beverly Enterprises has been found negligent in the death of  resident and ordered to pay $1.4 million in compensatory damages. After deliberating on Monday, the Ouachita County jury agreed on $875,000 in punitive damages… Continue Reading

$54 million verdict for neglect and cover-up

Posted in Verdicts/Settlements
Here is an article discussing the recent $54 million verdict in a nursing home neglect case in New Mexico. Lori Keith was awarded the compensatory and punitive damages against ManorCare Inc., a nursing home corporation out of Toledo, Ohio, for neglecting her mother causing her death.  At the time of her death, Barbara Barber was due… Continue Reading