Wednesday, July 24, 2013

Jury awards $1.2 BILLION as son brings neglect case against Florida nursing home where his mother died

  • Arlene Townsend was not supervised properly, case claimed
  • Damages are signal that neglect of elderly will not be tolerated, lawyer says

By Daily Mail Reporter

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A jury has handed down a verdict awarding $1.2 billion in damages against a Florida nursing home accused of negligence.

The Polk County jury took just over an hour to reach its verdict on Monday, in a case brought by the family of Arlene Townsend, who died after repeatedly falling while staying at Auburndale Oaks Healthcare Center.

The substantial sum, which includes more than $1 billion in punitive damages and $110 million in compensation for Mrs Townsend's son, Gary, was awarded after the six-person jury was asked to determine damages, not liability, The Ledger said.

Treasured: A lawyer for Gary Townsend, pictured with Arlene, says the damages reflect how much he valued his mother

Treasured: A lawyer for Gary Townsend, pictured with Arlene, says the damages reflect how much he valued his mother

'He is grateful that the jury saw the value of his mother's life,' Bennie Lazzara Jr, who represented Mr Townsend, said. 'To him, she was a treasure. The jury valued her the same way.'

The lawsuit was first filed in 2009, and focused on the care Mrs Townsend received at the home, where she lived from 2004 until her death at the age of 69, in 2007.

Trans Healthcare Inc. and Trans Healthcare Management were listed as defendants in the lawsuit, My Fox Tampa Bay reported.

It was claimed that Mrs Townsend fell repeatedly while at the nursing home and had not been supervised properly, according to The Ledger.

Mrs Townsend fell 17 times while living at the nursing home, resulting in a hip fracture on the last occasion. According to the lawsuit, she was left in bed for days before being taken to hospital.

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The nursing home was said to be short-staffed, and federal and state money that should have been used for care was being diverted elsewhere, WFLA8 reported.

Mrs Townsend's case was allegedly the fourth brought against the company.

Issac Ruiz-Caruz, who represented Mr Townsend, claimed that the case had been about 'corporate fraud, corporate greed'.

'It was an enterprise of a conglomerate that took over a nursing home in Polk County and looted the assets of the company, short-staffed it, under budgeted it and, as a result, the nursing home residents were suffering,' he told WFLA8.

'Ms Townsend was one of those nursing home residents that suffered and ultimately died as a result of those acts,' Mr Ruiz-Caruz added.

Care home: Arlene Townsend fell 17 times and fractured her hip while staying at Auburndale Oaks

Care home: Arlene Townsend fell 17 times and fractured her hip while staying at Auburndale Oaks

The companies argued that they only ran the nursing home until September 2004, according to court documents seen by the Ledger.

Mr Lazzara said the large award was a sign from the jury that mistreatment of nursing home residents would not be tolerated. He added: 'It's one step in the fight, but it's a significant one.'

The lawyers for the family must now try to claim the damages.

The nursing home and an attorney representing the company have not commented on the case.


Source: http://www.dailymail.co.uk/news/article-2375711/Jury-awards-1-2-BILLION-son-brings-neglect-case-Florida-nursing-home-mother-died.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490

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