Jury finds National Healthcare Corp. negligent

UPDATED late Thursday with huge punitive damages -- and judge's decision to void them
Awards family of deceased patient in McMinnville over $4 million in damages

Email | Print By Walker Duncan

UPDATE, 4:58 p.m.

A Warren County Circuit Court jury ruled this afternoon that plaintiffs suing National Healthcare Corp. are entitled to $29.8 million in punative damages. However, Judge Bart Stanley, ruling that no reasonable jury could have reached such a conclusion, set aside all but $163,000 of the award. Attorneys for the Myers family said they will be filing motions to have the judge's ruling overturned.

As originally posted:

Another day in court has ended badly for nursing home operator National Healthcare Corp. This time the company, which suffered a barrage of legal troubles following a 2003 fire at its Nashville facility, was accused of gross negligence from the family of former patient Cheatum Myers.

Myers lived at the facility from March of 2004 until July of 2005. During that time, the complaint alleges, he suffered a number of injuries and conditions as a result of NHC's negligence. On January 31, Myers fell. According to the plaintiffs, no x-rays were taken until seven days later at the family's urging. The x-ray revealed that Myers had in fact broken his hip. During the week-long lag in diagnosis, Myers was made to walk by staff at the facility, exacerbating his injuries.

Other injuries the plaintiffs claim Myers suffered as a result of the staff's negligence include pressure ulcers, as well as urosepsis from improper catheter care and extreme poor hygeine. (Witnesses testified that the man was sometimes found sitting in dried feces.) Myers died on August 24, 2005.

According to a statement released by spokespersons for the plaintiffs, "about a dozen former employees testified that they were always short staffed, that they were unable to turn and reposition residents like Myers." Additionally, the plaintiffs claim that NHC continued to bring in more and more patients despite staffing concerns, leading to an even steeper decrease in the level of care provided to Myers.

The complaint asserts that the failure by NHC to address these issues was grossly negligent. And the jury agreed.

Last night, the jury at Warren County Circuit Court voted 12-0 to award $4.1 million to the family of Myers. Additionally, jurors reconvened today to decide on punitive damages that could send NHC's bill much higher.

Currently, the state is considering legislation that would limit payouts in such cases to $250,000. Opponents claim this move is aimed at eliminating the cases altogether, as the cost of bringing such a lawsuit can often approach the $250,000 mark.

The passage of such legislation would likely be welcome news to NHC. According to its latest quarterly report with the Securities and Exchange Commission, the company is named as a defendant in 67 such cases. The filing asserts that such litigation has been on the rise across the long-term care industry. The last two cases stemming from the 2003 fire at the Nashville facility were settled last November for undisclosed amounts.

A spokesperson for Murfreesboro-based NHC said that while the company was "obviously disappointed" with the McMinnville verdict, it would not comment on the case. Verdicts of this kind are almost always appealed, and punitive damage awards in particular are often pared back on appeal.

The plaintiffs were locally represented by Lisa and Richard Circeo, both of the Tampa-based firm Wilkes & McHugh, which specializes in nursing home litigation. Representing NHC was John Curtis of Leitner, Williams, Dooley & Napolitan out of Chattanooga.