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› $580,975,000 verdict in personal injury case
Members of the staff at Bluegrass Care and Rehabilitation Center in Lexington, Kentucky, didn’t think their joke would get out of hand. They would attach sexually explicit song lyrics to photos of residents taken with their cell phone cameras and send them as text messages to other employees. “We were just having fun,” an employee told state investigators. “Everybody was on the cell phone 24/7.”
The son and daughter of a 46-year-old woman are suing the Knoxville, Tennessee, nursing home where their mother lived, for $7 million in compensation and $28 million in punitive damages for nursing home neglect that resulted in the death of their mother, according to Knox News.
The news took the staff at Quality Care Health Center in Lebanon, Tennessee by surprise. The Tennessee Department of Health issued a ban on new admissions, claiming those at the home are in immediate jeopardy, according to News Channel 5.
The announcement was spurred by a recent state and Federal Center for Medicare-Medicaid Services inspection that found the center in violation of physician services, nursing services and medical records.
No one disputes that 74-year-old Julia McCauley, a resident at Life Care Center of Acton in Massachusetts rolled her wheelchair outside the front door of the home where she had lived five years. She had done it on more than one occasion. But in August of 2004, her trip through the exit resulted in her tumbling down a flight of stairs. She died shortly after the fall.
The secret of Robert Young’s death was almost buried forever with the nursing home resident who suffered from cerebral palsy. But his family kept asking questions. A year later, Young’s body was exhumed from his pauper’s grave and an autopsy was performed, revealing that the man’s death was the result of blunt force trauma to the head, according to the Chattanooga (Tennessee) Times Free Press.
Tennessee nursing homes are lobbying the legislature to put a cap on the amount of damages that plaintiffs can collect in court, according to a report in Nashville, Tennessee’s The City Paper. Sixteen states, including Tennessee, do not put monetary limit for damages such as pain and suffering, which has resulted in millions of dollars in damages awarded to victims for nursing homes‘ violations of patient care. The nursing home industry says without damage limits, nursing homes in those states become a target for out-of-state trial lawyers.
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