A jury found that a Kentucky nursing home's poor care resulted in the death of a 92 year old WWII vet and awarded his family $42 million in a nursing home abuse lawsuit. Similar elder care abuse lawsuits with substantial verdicts are being seen throughout the nation as the “graying” of America puts care issues at nursing homes, assisted living facilities and adult day care centers in the spotlight.
That's the conclusion a Kentucky jury came to after hearing testimony in the case of Joseph Offutt, a 92-year-old World War II veteran. Suffering from cancer, Offutt lived at home until his wife of 58 years had to make the difficult decision to put her ailing husband in a nursing home.
Although she did so at the urging of her family, she – like so many others in her situation – never thought that what happened next could happen to them. After only 9 days at a Harborside Healthcare Facility in Madisonville, KY, Offutt developed painful sores – also known as decubitis ulcers – on his body and died from dehydration due to the negligence of nursing home staff.
Offutt's family filed a wrongful death lawsuit against the nursing home facility – which has already changed its name to Hillside Villa Care – alleging that the home's negligent care caused him to suffer severe dehydration, malnutrition, bedsores, infections and led to his wrongful death.
The jury heard testimony that Adult Protective Services officials of the Kentucky's Cabinet for Health and Family Services substantiated the allegations of Offutt's neglect and that the Office of Inspector General recently issued the home a citation for failing to prevent bedsores.
The jury thought that the evidence presented by the family's elder care abuse lawyers was compelling and awarded the family $42,750,000 – $1.75 million went to Offutt's wife for loss of consortium, $1 million was awarded for Offutt's pain and suffering and $40 million was awarded in punitive damages to send a warning to other elder facilities that nursing home profits simply can't be put over patient safety.