We don’t settle your case on the courthouse steps

We are pleased to report that we won our 3^rd case, in the last 4 months, raising our total to 13 wins since we started the firm in April of 2009.  In this case, a 90 yr. old nursing home resident fell and broke her hip at our client’s nursing home.  She had multiple co-morbidities which included COPD, severe dementia with psychosis, chronic atrial fibrillation, congestive heart failure, hypertension, hyperlipidemia, left carotid stenosis, peptic ulcer disease, prior gastric surgery, cholecystectomy, hysterectomy and other conditions.  On February 15, 2008, the patient was taken to MedCentral Health System Emergency Room for an exacerbation of her COPD.  She was admitted for further care and treatment. At that time of admission, she had been residing with her daughter.  The records indicated she was evaluated by psychiatry and found to be deconditioned.  She was then admitted to Crystal Care Center, our client, for rehab.

The resident was admitted to Crystal Care Center on 2/23/08.  She was assessed and deemed a fall risk.  Appropriate interventions were instituted to include half side rails and personal alarm at all times. She was evaluated by physical therapy on February 24, 2008. She was found to have decreased muscle strength, decrease transfers and decreased gait and balance. On February 25, 2008, the resident fell at Crystal Care Center, after standing. Plaintiff daughter alleged the alarm was not attached and thus, she was not attended to by staff before falling and breaking her hip.  Plaintiff Patient’s daughter further alleged at trial that this resulted in her mother’s death.

Following the fall, the resident was transferred to MedCentral Health System, where she underwent surgery on February 27, 2008. Plaintiff alleged the patient had a somewhat rocky post op course, in that she had difficulty feeding and was initiated on tube feeding, which she did not tolerate. She then began to receive hyperalimentation for nutrition. It was noted she had a bowel obstruction and possible ileus.  On March 25, where she began to have rapid a-fib with a rapid ventricular rate requiring additional medication. A death certificate dated April 18, 2008, indicated the resident died of cardiopulmonary arrest in the early hours of the morning hours.

After presentation of the evidence, the jury deliberated and returned a verdict in favor of our client.  Thus, the jury determined our client did not cause any injury or the death of the resident.   This is the second nursing home case we have won in the last 4 months.

As part of MedFlight Columbus Base’s Lecture Series for 2011-2012, Brant Poling presented “Anatomy of a Lawsuit” on April 4, 2012.  The monthly Lecture Series encompasses a wide range subjects from pediatrics to adults and from medical to trauma.  It further educates the MedFlight staff on a wide range of topics including medical, legal, and diversity.

On February 15, 2012, the Ohio Supreme Court issued its decision in Havel v. Villa St. Joseph, 2012-Ohio-552.  In Havel, the Court ruled in favor of tort reform legislation, Ohio Revised Code Section 2315.21(B), which mandates bifurcation at trial of punitive damage claims upon the request of any party.  In so doing, the Ohio Supreme Court determined that the legislative enactment was a “substantive” law that was controlling over the “procedural” provisions of Ohio Civil Rule 42(B) which provided trial courts with discretion to grant or deny bifurcation requests.  As a result of the Court’s ruling, trial courts are now mandated to bifurcate punitive damage claims at trial in accordance with Revised Code Section 2315.21(B).  Upon bifurcation, evidence regarding punitive damages, such as financial net worth, cannot be considered in the liability phase of the trial.