Judge’s Ruling Sends Message to Negligent WV Nursing Home

Posted by on July 18, 2013 in Medical Malpractice, Nursing Home Abuse, Personal Injury, Wrongful Death | 0 comments

A judge recently upheld a 2011 ruling that requires West Virginia nursing home chain HCR ManorCare to pay more than $90 million in a wrongful death suit. HCR ManorCare, which owns the Heartland of Charleston nursing home, was found responsible for negligent treatment of resident Dorothy Douglas, who died in 2009 from dehydration complications.

Several months after the 2011 jury verdict was reached in Douglas’s case, Heartland of Charleston was implicated in a second wrongful death suit. In the second case, staff failed to treat resident Christina L. Frazier’s infections, leading to her premature death.

In Douglas’s case, Judge Paul Zakaib Jr. upheld the jury’s original verdict, which called for $11.5 million in compensatory damages for Douglas’s family and $80 million in punitive damages. According to the website of a personal injury lawyer, punitive damages are fines leveled against the defendant to stop future negligent behavior. If you’ve been fined thousands of dollars for doing something you shouldn’t have done, you’re less likely to do it again in the future. If you are financially impacted by the fine, that is.

Lawyers for HCR ManorCare argued in May that West Virginia’s medical malpractice laws, which call for a cap on damages, should apply to the wrongful death suit and limit the settlement to no more than $500,000. However, Judge Zakaib Jr. ruled that the state’s Nursing Home Care Act does not require such a cap, and the $90 million settlement is legal. HCR ManorCare attorneys have already expressed their desire to appeal the case to West Virginia’s supreme court.

In his April decision, Judge Zakaib Jr. expressed his view that HCR ManorCare’s attempts to maximize profit were reckless and negligent.

“This verdict sends a clear ‘deterrence’ message to a multi-billion dollar nursing home corporation that its misconduct will not be tolerated,” Zakaib Jr. said.

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