Yesterday I posted about a defense verdict last week in a Hinds County nursing home case. Here is some more information on the verdict.

The case was a re-trial of a case originally tried in 2011. In the original trial the jury rendered a plaintiff verdict of $1.2 million, which the Court later lowered to $513,000. The nursing home appealed.

Here is the Court of Appeal’s 2014 decision reversing the original verdict and remanding the case for a new trial. The basis for the reversal was evidentiary rulings by the trial court.

The case involved the death of a 7 1/2 year resident of the Manhattan Nursing and Rehab Center. Overall, the plaintiff had few complaints about the nursing home. The plaintiff contended that the decedent became dehydrated during her last two days in the facility, resulting in death.

The defense countered that the decedent was experiencing renal failure due to old age and underlying medical conditions. The defense also focused on the family’s decision to withhold life-saving measures at the hospital after discharge from the nursing home.

The gender makeup of the jury was 8-4 men. That’s a lot of men on one jury. The racial makeup was 10 African Americans and 2 white folks. The jury’s defense verdict was unanimous.

Wes Fulgham and Jodi Black with Morgan and Morgan represented the plaintiff. Davis Frye, La’Verne Edney and Brad Moody from Baker Donelson represented the nursing home. Judge Tommie Green presided.

My Take:

Sounds like a causation crap shoot. Those tend to favor the nursing home unless the plaintiff proves systemic neglect, since everyone who enters a nursing home is already sick.

And even then, it’s just hard to get a plaintiff verdict in a personal injury case in the current climate. Plaintiffs seem to be doing better in non-P.I. cases.