Verdicts by Practice Area: Nursing Home | ALF

Schwartz, Michael J.; Lacourt-Lopez, Frank

Ford, Dean & Rotondo, PA (William A. Dean; Michael Rotondo)

Defense Verdict

Alleged Nursing Home Negligence; Plaintiff’s demand at trial was $350,000; Jury returned a defense verdict. On July 24, 2023, Managing Partner Michael J. Schwartz, Esq., and Senior Associate Frank Lacourt, Esq., obtained a Defense Verdict in a Nursing Home Negligence matter styled Plaintiff, as Personal Representative of the Estate of 97-year-old, Deceased v. Jackson Plaza, Inc. d/b/a Jackson Plaza Nursing and Rehabilitation Center. Plaintiff filed suit against the Defendant alleging nursing home negligence and violation of resident’s rights. The Defendant claimed that the Nursing Home staff failed to follow the attending physician’s orders to do a chest x-ray STAT, failed to timely report a lab result to the attending physician, and failed to recognize the Resident’s change in condition, resulting in the Resident’s death. The Resident in question was a 97-year-old admitted at Jackson Plaza from Memorial Hospital West after an 11-day admission for pneumonia and generalized weakness. The Resident also had a diagnosis of untreated leukemia. The Resident was admitted at Jackson Plaza for less than 24 hours.

 

At trial, the Plaintiff presented expert testimony from a Family Medicine Doctor who testified: (1) that the attending physician’s orders to do a chest X-ray were ignored by the nursing staff alleging that the order was entered upon admission to the Resident on 4/24/2019 around 3:00PM; (2) that the nursing home staff failed to immediately report the blood labs to the attending physician; and (3) that the nursing staff failed to recognized that the Resident was in respiratory distress. The Defendant presented evidence and expert witness testimony that proved that (1) the chest X-ray order was entered about the time the Resident’s condition changed on 4/24/2019, that the order was followed almost immediately by nursing staff, and that the chest X-ray was not done because the Resident was discharged via Fire Rescue before the mobile X ray company arrived; (2) the blood labs were done as ordered, and the results were received at the Facility’s fax machine 30 minutes before the Resident’s change in condition, and that it was reasonable for the results to take some time to be reported to the attending physician; and (3) the argument that the nurses failed to notice any respiratory distress was purely speculative, and not supported by evidence.  Finally, the Defendant presented evidence that the Resident’s pre-existing comorbidities, including the untreated leukocytosis and previous pneumonia diagnoses, accompanied by the Resident’s advanced age, were the likely causes for the Resident’s change in condition and ultimately death. The Resident’s change in condition was unavoidable, and the Nursing Home was not negligent. The Jury agreed with the Defendant and rendered a verdict in two hours. Plaintiff’s demand at trial was $350,000.00.  Read More.

Schwartz, Michael J.; Sojor, Leonard Wilbert T

Ford, Dean & Rotundo (William A. Dean and Nicole Masri)

Jury verdict of $35,122 | In closing argument, Plaintiff Counsel asked for $510K | Miami Dade

Boca Raton Managing Partner Michael J. Schwartz and Associate Leonard (Wilbert) Sojor obtained a favorable verdict after three days of trial before Judge Reemberto Diaz in Miami.  The case involved the 9/1/2020 alleged choking death of a 74-year-old nursing home resident with two surviving adult children. Central to Plaintiff’s case were the 9/1/2020 EMS report stating that Plaintiff Deceased “appeared to be choking on rice and peas”, as well as a 3/18/2020 physician’s order for a swallow evaluation that was never done, in violation of Sinai Plaza’s policies and procedures.  Plaintiff’s case was supported by a PhD in nursing who opined that Sinai Plaza fell below the standard of care by failing to supervise Plaintiff Deceased while she was eating, and failing to respond appropriately to the emergency when Plaintiff Deceased was found unresponsive.  Also testifying for the Plaintiff was a medical doctor who stated that choking was the cause of death.  The adult children testified as to the effects on them of the loss of their mother.  The defense presented as witnesses three Sinai Plaza staff members, plus three experts: a cardiologist who opined that the cause of death was a pulmonary embolism, a speech language pathologist who opined that Plaintiff Deceased did not choke, and the medical director of a nursing home, who opined that Sinai Plaza did not fall below the standard of care.  In closing arguments, Plaintiff’s counsel asked for $510,000.  The jury awarded $35,122 for the survival claim of Plaintiff Deceased, which included her medical bills, and zero dollars for the claims of the adult children and the estate.
 

Nursing Home | ALF; Appeals | Litigation Support

Favorable Appeal

Favorable appeal of denial of Motion to Dismiss our request for arbitration pursuant to contract in nursing home/assisted living facility negligence matter. 

Paleschic, Dale J., Weinger, Daniel S.

Claims Against Nursing Home Defeated

Tallahassee Managing Partner, Dale Paleschic, Esq., and Daniel Weinger, Esq., Appellate Partner recently teamed up for the second time in the same case and again defeated a Plaintiff’s claim against an assisted living facility being accused of neglect. Initially, the trial court entered an order dismissing the Plaintiff’s Complaint based on the Plaintiff’s failure to follow the statutorily mandated presuit notice requirements of Section 429.293, Florida Statutes.  This result was per curiam affirmed by the Second District Court of Appeals.  Following the District Court’s opinion, the Plaintiff tried to file an Amended Complaint after curing the alleged defects in their original notice.  Mr. Paleschic and Mr. Weinger formulated an attack on the improper filing by filing a Motion to Dismiss and/or Strike the Amended Complaint.  The Plaintiff then filed a response and Motion for Relief from Judgment Pursuant to Florida Rule of Civil Procedure 1.540(b).  Read more