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Plaintiff: 3 Confidential Plaintiffs
Defendant: Confidential
Date: 01/01/2008
Amount: 8-figure settlement
Location: Arkansas
Alleged Injuries: Multiple deaths
Description: The plaintiffs were driving east on Interstate 40 in Arkansas. Traffic had come to a complete stop due to road construction. Warning signs were properly posted making drivers aware of the construction site. A tractor trailer rig owned and operated by a major international trucking corporation, was also traveling east, coming up behind the plaintiffs. The rig never heeded the construction site warning signs and never slowed. The rig slammed into the rear of the plaintiffs at approximately 65 miles an hour, crushing the driver and passengers (all plaintiffs) into the back of another rig stopped in front of them. None of the plaintiffs survived.
Plantiff: Confidential
Defendant: Confidential
Date: 10/15/2008
Amount: 7-figure settlement
Location: Florida
Alleged Injuries: Severe gas burns, respiratory failure, pneumonia, sepsis, loss of limbs
Description: The plaintiff was mixing concrete in a machine on a construction site. Just inches below the surface the machine hit a gas line that exploded, engulfing the plaintiff in flames. He was rushed to the hospital and spent years recovering. As a result of this accident, he has trouble tolerating heat, and is not supposed to be in direct sunlight. Most of the pores in his arms were burned or sealed off, so he also is susceptible to heat stroke and heat exhaustion if he overexerts himself.
Case: McCoy v. Regional Healthcare
Date: 06/08/2009
Amount: $4 Million
Location: Arkansas
Alleged Injuries: Numerous falls, weight loss, dehydration, bedsores, and death
Description: Vanella McCoy was admitted to Regional Healthcare in Newport, Arkansas in October 2003 and was noted to be at risk for falls, weight loss, and pressure sores. She had a loving family which included thirteen children. During her residency, Ms. McCoy suffered six different falls, substantial weight loss, episodes of dehydration, and various pressure sores. She died in March 2005 of septicemia due to a stage IV pressure sore that was infected and to the bone.
Case: Minor v. Sevier Healthcare Inc. and Regional Management Inc.
Date: 04/17/2009
Amount: $7 Million
Location: Arkansas
Alleged Injuries: Numerous bedsores and death
Description: John W. Minor, an 87-year-old man was admitted to Sevier Healthcare in August of 2002. While there, nursing home staff neglected him to the point where his body was covered with 35 bedsores. Mr. Minor also suffered from severe malnutrition, multiple urinary tract infections, pneumonia, and severe dehydration resulting in kidney failure and other infections. He passed away on May 2, 2004.
Plaintiff: Kendra Lymon
Defendant: Bynum Transport, Inc.
Date: 03/19/2009
Amount: $65 million
Location: Florida
Alleged Injuries: Traumatic head and brain injuries
Description: The plaintiff, Kendra Lymon was driving through the intersection of State Road 17 and State Road 64, as the truck driver approached the intersection of state roads 17 and 64. There was a tractor-trailer in the opposite turn lane, blocking his view. The truck turned left anyway, and he plowed into Kendra's car on the driver's side, crushing it and sending it spinning off the highway. The driver claimed he had a green arrow allowing him to make the left hand turn, but eyewitnesses later stated that was false and that the plaintiff had a green light and was not speeding.
Case: Update in Myers vs. National Healthcare Corporation
Date: 02/25/2009
Amount: $4.1 million
Location: Tennessee
Alleged Injuries: Neglect by nursing home staff resulting in multiple falls with fractures, a Stage IV pressure sore, leg contractures and infection.
Description: The Tennessee Court of Appeals has allowed the original decision on Myers vs. National Healthcare Corporation to stand. While the judgement was upheld, the damages were reduced by $75,000. During the original trial in 2007 the trial judge threw out the $29.8 million the jury awarded for punitive damages. The Tennessee Court of Appeals ruled that the trial judge erred in doing so. As such, there will be a retrial for punitive damages at a later date.
Read the opinion and recent news on this case.
Case: Noyes Hanscome vs. Evergreen Health and Rehabilitation Center
Date: 10/31/2008
Amount: $2 million
Location: Arizona
Alleged Injuries: Neglect by nursing home staff lead to Stage IV bedsore which eventually lead to resident's death
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Noyes Hanscome. Mr. Hanscome was 52 years old and had bladder cancer. He was diagnosed with end-stage renal disease and DVT's, so he was admitted to Evergreen Health and Rehabilitation Center for physical therapy. During his stay he developed a Stage IV infected bedsore through which his tailbone was grossly exposed. The facility was understaffed and they failed to provide doctor ordered treatments to help heal the wound. Mr. Hanscome died prematurely as a result of the infected bedsore, leaving behind his wife and a 2 1/2 year old son. Mr. Hanscome didn't die as a result of his bladder cancer, instead he died as a result of the abuse and neglect of those who promised to care for him. This case was tried in Maricopa County, Arizona and the jury returned a verdict in favor of the Plaintiff, awarding $2,000,000 in damages.
Plaintiff: Confidential
Defendant: Confidential
Date: 10/15/2008
Amount: 7-figure settlement
Location: Florida
Alleged Injuries: Severe gas burns, respiratory failure, pneumonia, sepsis, loss of limbs
Description: The plaintiff was mixing concrete in a machine on a construction site. Just inches below the surface the machine hit a gas line that exploded, engulfing the plaintiff in flames. He was rushed to the hospital and spent years recovering. As a result of this accident, he has trouble tolerating heat, and is not supposed to be in direct sunlight. Most of the pores in his arms were burned or sealed off, so he also is susceptible to heat stroke and heat exhaustion if he overexerts himself.
Case: Mary Kathleen Adams vs. Sunrise Senior Living
Date: 05/15/2008
Amount: $2 million
Location: California
Alleged Injuries: Neglect by nursing home leading to pressure ulcers
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A., represented the Estate of Mary Kathleen Adams. Mrs. Adams was admitted to Villa Valencia Health Care Center upon suffering a fractured leg. She subsequently developed pressure ulcers and was not given adequate treatment, such as daily skin checks. Mrs. Adams died as a result of the pressure ulcers. The jury returned a verdict of $1 million in compensatory damages and $1 million in punitive damages.
Case: Mary Culpepper vs. Tucson Medical Center and Manor Care Health Services
Date: 04/14/2008
Amount: $6 million
Location: Arizona
Alleged Injuries: Neglect by nursing home leading to death from acute morphine intoxication
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A., represented the Estate of Mary Culpepper. Mrs. Culpepper was admitted to Tucson Medical Center for treatment of sciatica pain. Upon discharge, a nurse inappropriately tripled Ms. Culpepper's morphine order on the medication transfer form. When admitted to Manor Care, staff provided the incorrect dose of morphine to Mrs. Culpepper and then ignored Mrs. Culpepper's signs and symptoms of morphine intoxication. The Pima County Medical Examiner determined the cause of death to be acute morphine intoxication. The jury returned a verdict of $6 million, holding Tucson Medical Center 10% responsible and Manor Care 90% responsible for the death of Mrs. Culpepper.
Plaintiff: 3 Confidential Plaintiffs
Defendant: Confidential
Date: 01/01/2008
Amount: 8-figure settlement
Location: Arkansas
Alleged Injuries: Multiple deaths
Description: The plaintiffs were driving east on Interstate 40 in Arkansas. Traffic had come to a complete stop due to road construction. Warning signs were properly posted making drivers aware of the construction site. A tractor trailer rig owned and operated by a major international trucking corporation, was also traveling east, coming up behind the plaintiffs. The rig never heeded the construction site warning signs and never slowed. The rig slammed into the rear of the plaintiffs at approximately 65 miles an hour, crushing the driver and passengers (all plaintiffs) into the back of another rig stopped in front of them. None of the plaintiffs survived. Brian Reddick, the national litigation manager for Wilkes & McHugh, P.A. was the lead attorney on the case.
Case: Harry Wilson vs. Genesis Health Ventures
Date: 12/19/2007
Amount: $3.5 million
Location: Pennsylvania
Alleged Injuries: Neglect and abuse by nursing home resulting in a fractured hip and multiple stage IV pressure sores
Description: Attorneys for Wilkes & McHugh, P.A., represented the estate of Harry Wilson. Mr. Wilson, who suffered from dementia, often wandered from his home, which necessitated him being admitted to the nursing home for his safety. During his stay at the nursing home, Mr. Wilson suffered from seven falls, one of which resulted in a broken hip. While in the nursing home, he also became malnourished, dehydrated, and developed large stage IV bed sores. In the end, a faulty piece of equipment contributed to Mr. Wilson's death. These injuries were the result of the facility's lack of adequate staff and supplies due to budgeting decisions made by Genesis Health Ventures, Inc., the parent corporation of Mayo Clinic. The jury returned a unanimous verdict of $3.5 million.
Case: Francine Collins vs. Episcopal Long Term Care
Date: 04/23/2007
Amount: $597,594
Location: Philadelphia, PA
Alleged Injuries: Neglect and abuse by nursing home leading to fractured tibia of Francine Collins
Description: Nursing Home neglect attorneys from Wilkes & McHugh, P.A., represented Francine Collins, through her mother, Susan Collins. Francine, 50 years old, with degenerative muscle disease, was permitted to roam the nursing home in her wheelchair without a sufficient monitoring system and staff members to watch her. As a result, she fractured her tibia. She was casted, completely healing in nine months. The jury returned a verdict of $97,594 in past medical expenses and $500,000 for her pain and suffering.
Case: Myers vs. National Healthcare Corporation
Date: 02/21/2007
Amount: $4.2 million
Location: Tennessee
Alleged Injuries: Neglect by nursing home staff resulting in multiple falls with fractures, a Stage IV pressure sore, leg contractures and infection.
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Cheatum Myers, who suffered from multiple falls resulting in fractures while under the care of a Tennessee nursing home. The testimony proved that Mr. Myers' fractured hip, which resulted from his seventh documented fall in the facility, was not treated or x-rayed for seven days, and that subsequent doctor's orders regarding his fractured hip were not followed. Due to neglect by the understaffed nursing home, Mr. Myers also developed a Stage IV pressure sore, leg contractures, urosepsis and bilateral pnumonia. The jury awarded a $4.2 million verdict.
Case: Frieh vs. Life Care Centers of America, Inc.
Date: 08/24/2006
Amount: $1.5 million
Location: Arizona
Alleged Injuries: Neglect by nursing home staff resulting in a Stage IV pressure sore, infection, and dehydration
Description: Attorneys from Wilkes & McHugh, P.A. represented Dorothy Frieh, 81. She resided in an Arizona nursing home where she developed a stage IV pressure sore requiring flap surgery to repair. Due to the neglect by the nursing home staff, she also suffered from weight loss, infection and dehydration. The jury awarded $1.5 million in damages to the plaintiff.
Case: Berry vs. Magnolia Healthcare, Inc.
Date: 08/16/2006
Amount: $1.25 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home staff resulting in dehydration and malnutrition.
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Hurry Lee Berry, 59. She entered a Mississippi nursing home with brain cancer, lung cancer, and diabetes. As a result of the neglect by the nursing home, she suffered from dehydration and malnutrition. The case was settled for $1.25 million.
Case: Bradley vs. Mariner Health Care, Inc.
Date: 05/26/2006
Amount: $12 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home staff resulting in infections, unexplained injuries, dehydration and death
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Mable Bradley who suffered multiple urinary tract infections as well as unexplained injuries while under the care of a Mississippi nursing home. The nursing home also neglected to provide enough water for Mrs. Bradley, resulting in death from dehydration.
Case: Richards vs. Beverly Enterprises
Date: 05/04/2006
Amount: $20 million
Location: Kentucky
Alleged Injuries: Neglect by nursing home staff leading to death.
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Loren Richards, 84, who died in a nursing home after nurses repeatedly ignored his cries for help. Mr. Richards was suffering from an impacted bowel, and subsequently died of a heart attack. Wilkes & McHugh, P.A. attorneys also alleged that the nursing home was understaffed due to companywide cost-cutting.
Case: Morris vs. Western Convalescent Hospital
Date: 06/30/2005
Amount: $12.8 million
Location: California
Alleged Injuries: Neglect by nursing home leading to multiple pressure sores and the amputation of right leg
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Kenneth F. Morris who suffered from chronic decubitus ulcers all over his lower legs. The Defendants claimed that Mr. Morris was non-compliant with caregivers' instructions, that he was a smoker, that he had venous insufficiency, and that the amputation from infection was an inevitable part of his disease process. Wilkes & McHugh, P.A. lawyers proved that the facility was chronically understaffed and that Mr. Morris did not, in fact, have any medically diagnosed venous insufficiency. The jury returned a verdict of $12.8 million.
Case: Update on Sauer vs. Advocat, Inc.
Date: 11/14/2004
Amount: $26.4 Million (final judgment)
Location: Arkansas
Alleged Injuries:
Description: The United States Supreme Court allowed the Arkansas Supreme Court's decision on Sauer v. Advocat to stand. The Arkansas Court upheld the judgment while reducing the damages from $78.4 million to $26.4 million. Many believe this decision to be among the largest personal injury judgments left undisturbed by the United States Supreme Court.
Click here for Sauer vs. Advocat, Inc. jury verdict information.
Case: Groves vs. Beverly Enterprises
Date: 09/16/2004
Amount: $9.7 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home leading to pressure sores, falls, malnutrition, weight loss, dehydration, fractured pelvis
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Earline Groves who suffered injuries including falls, dehydration, malnutrition, weight loss, bone fractures, poor hygiene, pressure sores, and infections. While in residence, Ms. Groves also suffered extreme pain, suffering, mental anguish, embarrassment, and fright. The jury returned a verdict of $1.5 million in compensatory damages.
Case: Allen vs. International Health Care Properties
Date: 07/28/2004
Amount: $1 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home leading to sexual abuse, multiple falls, lacerations requiring stitches, multiple pressure sores
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Annie Allen who was sexually assaulted by another resident of the facility. Because of chronic short staffing, the nursing home failed to provide a safe environment leading to catastrophic injuries, disfigurement, extreme pain, suffering, and mental anguish. The jury returned a verdict of $1 million.
Case: Hernandez vs. Upland Rehabilitation and Care Center
Date: 06/09/2004
Amount: $727,500
Location: California
Alleged Injuries: Neglect by nursing home leading to Stage IV pressure sore to buttocks, left lying in urine and feces leading to fatal infection
Description: In what is believed to be the first California case in which the plaintiff proved wrongful death by elder abuse, nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Frank Hernandez who suffered a stage IV pressure sore during his residence at Upland Rehabilitation and Care Center. Jurors heard testimony that staff at the facility would sleep during their shifts and were not providing the care needed by the residents. The jury returned a verdict of $727,500 plus attorneys' fees and costs.
Case: Smith vs. Little Rock Health Care and Health Facilities Management
Date: 04/16/2004
Amount: $1.99 million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to inadequate restraint during transportation resulting in broken ankle and significant bruising to face, arms, and legs; failure to provide adequate nutrition; weight loss; pressure sores
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Mildred Smith who, while being transported by the nursing home, was not properly restrained in her wheelchair. She flew out of the chair after a sudden stop and hit her face on the seat in front of her resulting in injuries. She subsequently received inadequate care and within 15 days of the accident developed three Stage III pressure sores resulting in infections. The jury returned a verdict of $1.99 million.
Case: Crook vs. Mariner Post-Acute Network, Inc.
Date: 03/11/2004
Amount: $10 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home leading to amputation, poor hygiene, pressure sores
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Mamie Crook whose left leg had to be amputated because staff provided substandard care. The nursing home would leave her to lie in her own waste for hours and did not turn her regularly, resulting in preventable bed sores. The jury returned a verdict of $10 million.
Case: Youngblood vs. Halifax Convalescent Center
Date: 01/23/2004
Amount:
Location: Florida
Alleged Injuries:
Description: In a landmark decision, the Fifth District Court of Appeals established the right of a personal representative to bring a lawsuit against a nursing home on behalf of a deceased resident. Before this decision, a deceased nursing home resident had limited protection to bring forth in a lawsuit if the nursing home's behavior did not contribute to the resident's death.
The Court also held that a plaintiff need not establish evidence "beyond gross" negligence to establish liability for punitive damages. Further, the Court granted a new trial based on the defense's exercise of preemptory strikes against the only two African Americans on the jury venire. Nursing home neglect attorneys from Wilkes & McHugh, P.A. handled the appeal.
Case: Givens vs. Rose Care, Inc.
Date: 01/21/2004
Amount: $1.6 million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to pressure sores
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Eula Givens whose one year and two month residence at Rose Care was marked by chronic urinary tract infections, blood and urine infections, malnutrition resulting in 41-pound weight loss, and 10 separate pressure sores - one deep enough to reveal bone. The jury returned a verdict of $1.6 million.
Case: Edwards vs. Mariner Health Care, Inc.
Date: 12/19/2003
Amount: $6.5 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home leading to pressure sores, numerous falls, dehydration, malnutrition, weight loss, infection, medication errors
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Charles Edwards who suffered preventable bedsores. Mr. Edwards was persistently covered in his own dried feces and left to lie in urine-soaked bedding. The jury returned a verdict of $6.5 million.
Case: Romano vs. ManorCare, Inc.
Date: 10/01/2003
Amount:
Location: Florida
Alleged Injuries:
Description: In a landmark decision, the Fourth District Court of Appeals found that a nursing home's arbitration agreement violated the Florida Residents' Rights statute. This Court's decision affirmed a resident's right to access the courts and expanded the resident's ability to bring a lawsuit against wrongdoers, even when a signed arbitration agreement exists. Nursing home neglect attorneys from Wilkes & McHugh, P.A. handled the appeal.
Case: Despain vs. Avante at Leesburg, Inc.
Date: 08/26/2003
Amount: $1.7 million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to pneumonia, malnutrition, weight loss, two falls resulting in skin tears to her hands, and poor hygiene
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Beulah Despain who suffered from unexplained weight loss; unassessed and inappropriately treated physical, mental and emotional problems; an unsafe environment; delays in the provision of care; inadequate preventative custodial skin care; and inconsistent and inappropriate documentation. The jury returned a verdict of $1.7 million.
Case: Evans vs. Beverly Enterprises Inc.
Date: 02/21/2003
Amount: $7.7 million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to failure to monitor fluid intake and output, resulting in congestive heart failure
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Elizabeth Evans whose death was a direct result of negligent care. Despite strict doctor's orders, Beverly failed to monitor fluid intake and output resulting in Ms. Evans' death from congestive heart failure. The jury returned a verdict of $7.7 million in compensatory damages and indicated they wanted to award punitive damages before the case was settled.
Case: Lang-Redway vs. Integrated Health Care Services
Date: 12/12/2002
Amount:
Location: Florida
Alleged Injuries: Neglect by nursing home leading to pressure sores, falls, malnutrition, infection
Description: In this landmark decision, the Florida Supreme Court affirmed a Florida nursing home resident's right to exclusively follow the presuit requirements under the Florida Nursing Home Resident Rights statute, as opposed to having to also comply with the Florida medical negligence standards. Moreover, the Court clarified that the Florida Nursing Home Residents Right statute "clearly demonstrates" the Florida Legislature intended a Florida nursing home to be liable for the "failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care" by Florida nursing home staff.
Case: Johnson vs. Magnolia Health Care Inc.
Date: 11/26/2002
Amount: $7 million
Location: Mississippi
Alleged Injuries: Neglect by nursing home leading to malnourishment, pressure sores
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Elnora Johnson who had continually been malnourished and left with pressure sores in a bed soaked with urine and feces. The jury returned a verdict of $7 million, the largest ever in Leflore County, Mississippi.
Case: Shelley vs. Alterra Healthcare Corporation
Date: 09/12/2002
Amount:
Location: Florida
Alleged Injuries: Neglect by facility leading to fall, leg amputation, death
Description: Attorneys from Wilkes & McHugh, P.A. represented the estate of Frances Shelley who was found hanging upside down from the footboard area of her bed, with her head swollen, and her leg caught in the bed rail or footboard of the bed, a position she had been left in for six to eight hours. During the course of those hours, she sustained trauma and excoriation to her left leg, the circulation to her left leg was significantly impaired, and she sustained extensive nerve damage to her left leg.
In this unanimous landmark decision, the Florida Supreme Court found that an employer does not have standing to challenge a discovery request based exclusively upon the privacy interest of its employees in their personnel files. In a concurring opinion, Justice Pariente wrote " The question becomes whom was the nursing home protecting when it raised a privacy objection to information in its personnel files."
Case: Williams vs. Tandem Health Care Inc.
Date: 03/23/2002
Amount: $1.99 million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to fall that resulted in a massive subdural hematoma, an unsafe environment, delays in the provision of care, and inconsistent and inappropriate documentation, as well as the other injuries.
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Lucille Williams who fell, hit her head, and died six days after being admitted to Tandem Health Care. Although determined to be at high risk for falls, she was not supervised appropriately. She was not taken to the hospital when she fell and complained of a headache, nor when she became lethargic. In fact, Ms. Williams was not taken to the hospital until ten hours after the traumatic fall. By that time there was so much pressure from the blood that her brain shut down. The jury returned a verdict of $1.99 million.
Case: Sauer vs. Advocat, Inc.
Date: 06/22/2001
Amount: $78.4 million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to medical malpractice, tort of outrage, breach of contract, wrongful death
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Margaretha Sauer who suffered from dehydration and malnutrition while in residence at Rich Mountain Nursing and Rehabilitation Center. Because of the nursing home's negligence Ms. Sauer eventually went into kidney failure and ultimately died. The jury returned the largest verdict ever reached against an Arkansas nursing home, $78.4 million.
Case: Boatright vs. Regional Management, Inc.
Date: 06/18/2001
Amount: $1.02 million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to amputation of both legs at the knee; multiple falls resulting in, bruising, black eyes, and skin tears
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Jewell Emmett Boatright who suffered from bedsores on his hips, buttocks, scrotum, and both legs - resulting in their amputation above the knees. The nursing home's refusal to bathe him eventually led to painful and unsightly sores on his head. The jury awarded $1.02 million.
Case: Nash vs. Compton Management, Inc.
Date: 06/07/2001
Amount: $12.3 million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to medical malpractice, tort of outrage, breach of contract, wrongful death
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the estate of Estelle Shaw who died just two weeks after falling out of bed and breaking her hip. Despite learning that Ms. Shaw could escape from a soft-belt restraint - and considering her pattern of frequently trying to get out of bed to go to the bathroom - the nursing home continued to rely on the inadequate restraint. The jury returned the largest verdict ever reached against an Arkansas nursing home at the time, $12.3 million.
Case: Muccianti vs. Fountain View, Inc.
Date: 04/04/2001
Amount: $5.2 million
Location: California
Alleged Injuries: Neglect by nursing home leading to infliction of emotional distress, elder abuse, willful misconduct, willful violation of statutory standards, wrongful death
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Margaret Muccianti who went to Willow Creek Care Center to recover from an operation to remove a blood clot in her leg. Thirty-two days later she was improperly discharged from the facility. Ms. Muccianti died shortly thereafter from complications arising out of a bowel disease that had gone undiagnosed and untreated by staff despite the fact that she had lost more than 30 pounds during her stay. The jury returned the largest verdict ever reached against a Fresno County, California nursing home, $5.2 million.
Case: Morehead vs. Health Facilities Management, Inc.
Date: 02/22/2001
Amount: $1.54 million
Location: Arkansas
Alleged Injuries: Multiple bedsores, contractures, fractured hip, recurrent urinary tract infections
Description: Wilkes & McHugh, P.A. represented Johnnie Morehead who suffered from bedsores so deep that the infection entered his bloodstream. He was often left to lie in his own waste for hours on end and was not bathed daily, contributing to his skin breakdown. The jury returned an award of $1.54 million.
Case: McCorkle vs. Colonial Care Center
Date: 10/27/2000
Amount: $20 million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to wrongful death, violation of Florida Nursing Home Residents' Rights statute
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Charles McCorkle who may have gone unfed for a month, was not given medication, and did not receive treatment for an infection that turned gangrenous and required portions of a bone removed. The jury was so outraged by the neglect that one juror remarked that the verdict was meant, "to speak for those who can't speak for themselves." The jury returned a verdict of $20 million.
Case: Jones vs. Advocat, Inc.
Date: 07/14/2000
Amount: $3 Million
Location: Arkansas
Alleged Injuries: Neglect by nursing home leading to malnutrition, dehydration, pressure sores, infections, broken bones, amputations
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Frances Jones who endured gruesome conditions that led to bedsores, fractures, the amputation of both her legs, and ultimately her death. The jury returned the largest verdict ever reached against an Arkansas nursing home at that time, $3 million.
Case: Collins vs. Perry Health Facility
Date: 03/31/2000
Amount: $12 Million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to violation of nursing home residents' rights statute
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Leatha Collins, who died of dehydration after being sexually assaulted twice and physically assaulted once. The jury returned a verdict of $12 million.
Case: Heide vs. National Healthcare Corp.
Date: 03/31/1999
Amount: $10 Million (settlement)
Location: Florida
Alleged Injuries: Neglect by nursing home leading to wrongful death
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Marion Heide whose death was a direct result of grossly negligent care. A small scrape was left untreated and became so infected that she eventually lost her leg. The trauma of amputation - combined with being left to lie in her own waste for hours - ultimately killed her. After the jury returned a verdict of $6.2 million in compensatory damages, the case was settled for $10 million.
Case: Butler vs. Brian Center Health and Rehabilitation, Inc.
Date: 03/22/1999
Amount: $15 Million
Location: Florida
Alleged Injuries: Neglect by nursing home leading to violation of Florida Nursing Home Residents' Rights statute
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented John Lee Butler, a Korean War veteran who died of starvation. The case led the foreman of this jury to say, "You're not dealing with goldfish you can flush away when they are dead." He and the jury heard testimony about a case that sent shock waves through the Tampa area for its graphic portrayal of negligence at its worst. The jury returned a verdict of $15 million.
Case: Lowe vs. Beverly Enterprises, Inc.
Date: 05/21/1996
Amount:
Location: Florida
Alleged Injuries:
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented the Estate of James Earle Lowe in a case involving what Mr. Wilkes called "outrageous" and "reckless" conduct on the part of the nursing home. Mr. Lowe was subjected to substandard care and outright neglect, and received one of the largest verdicts ever in Florida against a nursing home. The jury returned a verdict of $2.7 million.
Beverly appealed, arguing that the Nursing Home Resident Rights Statutes violated both the Constitution of the United States and the Florida Constitution. Wilkes & McHugh, P.A. handled every aspect of the appeal. The Appellate Court, without comment, rejected the nursing home's arguments and upheld the verdict.
Case: Spilman vs. Beverly Enterprises Inc.
Date: 12/08/1993
Amount: $2.7 Million (jury verdict)
Location: Florida
Alleged Injuries: Neglect by nursing home leading to infected bedsores revealing bone, death
Description: Nursing home neglect attorneys from Wilkes & McHugh, P.A. represented Walter Spilman who was literally allowed to rot to death while in residence at a nursing home. Infected bedsores, so deep that his bone tissue was exposed, were a major contributor to his death. The jury returned a verdict of $2.7 million.
In what was perhaps the most important ruling in this area of law in over a decade, Florida's Fifth District Court of Appeals set a new standard for recovery of damages on behalf of Florida nursing home residents who die due to mistreatment.
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