An $8 million verdict was awarded in Jefferson, Kentucky this week to the estate of retired surgeon David Griffin after his death was caused by nursing home negligence. Judge Brian C. Edwards presided over the two week trial. The verdict was returned after two hours of jury deliberation. It included $2 million for pain and suffering, $1 million for violation of the state nursing home statute, and $5 million in punitive damages.
Dr. Griffin was staying at Treyton Oak Towers, a nonprofit nursing home located in Louisville, Kentucky. According to plaintiff’s attorneys William Garner and Matt Minner, Dr. Griffin was improperly transferred from a chair into his bed by nursing home staff who then tried to cover up their error. Plaintiffs assert that Griffin was moved without a lift and in the presence of only one nursing assistant, a violation of the facility’s care plan which required two assistants.
Minner said that the retired surgeon’s legs were broken during the transfer and instead of being immediately treated, he was placed back into bed as if nothing ever happened. Minner also said that the staff involved were then forced to modify medical records to cover up the incident. Unfortunately, because of a prior stroke he suffered, Griffin was unable to alert any of the home’s medical personnel to the agony he was in.
On September 24, 2008, Griffin was discovered with two broken bones. He was treated at a near-by hospital and later transferred to a new nursing home where he died on November 3.
In an interview, Minner spoke to the verdict, saying,
“We got justice today and are thrilled for our clients and thrilled for the elderly citizens of Louisville.”
Defense attorney for Treyton Oak Towers, Scott Whonsetler, said that the facility plans to appeal the verdict.
“We are profoundly, profoundly disappointed that we were unable to convey to the jury how much we cared for this man…we categorically deny that there was any cover-up whatsoever.”
Whonsetler also maintains that no abuse or neglect was ever substantiated. Unfortunately for Treyton Oak Towers, a jury felt differently.
If your loved one is currently a resident in a nursing home or long term care facility and you believe that the care they are receiving may be considered abusive or negligent, contact the nursing home abuse attorneys of Messa & Associates. Our attentive and hard working lawyers are experienced and successful in earning large verdicts and substantial justice for those who have been wronged by sub-standard treatment. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry.
If you would like to chat directly to a representative right now, visit www.minfirm.com and click on the icon that says “CHAT LIVE!” Someone will be available to help you immediately.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More