Jury Awards $6.5 Million in Dehydration Death
Peter Southard
Bank One trust attorney Peter Southard suffered a brain aneurysm in 1984. Since that time, his wife, Diana Southard made his care her number one priority in life. Peter's stroke left him debilitated, forgetful, and always needing of a drink of water. Sadly, "he could be told to take a drink of water and 10 minutes later forget the conversation. He lived moment to moment." While a glass of water was left by Peter's TV stand, his brain damage was severe and while he was always thirsty, he would forget to drink. Someone needed to ensure he drank enough water by watching him do it.
On the occasions when Diana Southard needed assistance with his care, she would admit him to a nursing home for respite. In May 2005, she admitted Peter to Whetstone Gardens & Care Center and took a short break from his care. When she returned 15 days later, she found the man whom she described as the "love of her life" incontinent with clothes thrown around his room and a bloody rash on his groin from urine soaked bedding. He was immediately removed from the facility and died two days later from dehydration and kidney failure. He was 61 years old. They had been married 34 years.
Diana Southard filed suit against Whetstone Gardens & Care Center for Peter's wrongful death.
After a nine day trial in which doctors testified that the standard of care at the facility fell below the minimum standard of care and aides testified that they were never told of Peter's need for water, the jury awarded Peter Southard $500,000 for pain and suffering and $6 million to his wife, two daughters, and three grandchildren for compensatory damages and mental anguish.
Attorneys for the facility countersued Peter Southard's physician claiming negligent care and instruction. They also argued that Peter's dehydration death was the result of diarrhea after he left the facility. They are appealing the verdict.
