Nursing Home Negligence and Violating of Section 400.022 Residential Rights – Plaintiff requested $1.8M in damages -Defense Verdict
On April 29, 2025, Miami Partner, Scott Kirschbaum and Miami Senior Associate Christine Soto obtained a defense verdict in a nursing home negligence matter styled Plaintiff, as Personal Representative of the Estate of Decedent vs. Arch Plaza, Inc., a Florida Corporation, d/b/a Arch Plaza Nursing & Rehabilitation Center. The Plaintiff filed suit against defendant, Arch Plaza, alleging violation of Section 400.022 and Negligence under Chapter 400.023-400.0238. The Plaintiff alleged that the Defendant, a skilled nursing facility, failed to provide reasonable and adequate care to its resident, Decedent. As a result of this alleged negligence, a pressure ulcer located on Decedent’s sacral region progressed to a Stage 4 wound. The severity of the wound ultimately led to a bone infection (osteomyelitis), necessitating the surgical removal of her coccyx.
The Defense denied all allegations of negligence. At trial, the Defense presented testimony from an expert wound care nurse who testified regarding the prognosis and typical progression of a deep tissue injury (DTI) which had developed prior to Decedent’s admission to Arch Plaza. Additionally, the defense presented the testimony of an expert internal medicine physician who testified that the subsequent infection was nearly inevitable due to the wound’s anatomical location and the resident’s underlying comorbid conditions. He concluded that no additional medical intervention could have reasonably prevented the infection. The Plaintiff asked the jury to award $1.8 million in damages. After only one-and-a-half hours of deliberation, the jury returned a complete defense verdict.
