NHC Faces Retrial in Punitive Phase of Nursing Home Suit
Cheatum Myers, an 88 year old resident of NHC - McMinnville, died at the facility after allegedly being neglected. His family sued NHC for negligence, medical malpractice, and wrongful death. The plaintiffs sought compensatory and punitive damages for injuries sustained by Mr. Myers during his stay at the facility, including pressure ulcers, falls, bruises and abrasions, compression fractures of the spine, left hip fracture, urinary tract infections, weight loss, conjunctivitis and poor hygiene, as well as his death. The case was tried and ultimately resulted in a plaintiff's verdict for $34 million. NHC appealed the verdict.
A state appellate court has granted a retrial for punitive damages and has upheld most of a $4.1 million compensatory damage award. The Appeals Court determined that a trial judge erred in his decision to throw out almost all of an original $29.8 million punitive damage award, reducing the amount to $163,000.
NHC spokesman Gerald Coggin said, "NHC respectfully disagrees with the court's decision and we plan further appeals."
