22nd August, 2016 - Memphis – US: A jury’s $30 million verdict against a Memphis nursing home last week will be hallenged in court, an attorney representing the business said.
The Circuit Court jury levied the damages, including $28 million meant as punishment, against Allenbrooke Nursing and Rehabilitation Center LLC, as well as related businesses and two owners in New York.
The lawsuit contended that a former nursing home resident, Martha Jane Pierce, died two months after a leg amputation in 2009 due to negligence, medical malpractice and violations of the Tennessee Adult Protection Act. Pierce, in her early 80s, developed pressure sores on a foot that became infected.
A Memphis attorney representing Allenbrooke, Craig Conley of the law firm Baker Donelson, said by email that the nursing home and other defendants in the case had “presented substantial evidence demonstrating that this patient’s injuries were caused by serious and chronic medical conditions, rather than any negligence on the part of caregivers.”
Conley said the unusually large verdict “is not based upon the facts and the law” and shows that the jury failed to follow legal guidelines given for their deliberations. Attorneys will challenge he verdict through post-trial motions and, if necessary, appeal.
“We are confident that the safeguards established by the legal system will result in a ruling setting aside the verdict and providing appropriate guidelines for the submission of the case to another set of factfinders in the future,” Conley said.
A Memphis attorney representing Pierce’s family in the lawsuit, Cameron Jehl, said he has faith in the justice system.
“I think at the end of the day, the jury’s verdict will stand,” Jehl said.
Source: http://www.commercialappeal.com/business/Memphis-nursing-home-will-challenge-30-million-jury-verdict-390954791.html