CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
A plaintiff claimed that the defendant, a long-term care facility, was negligent in the wound care, fall prevention measures and pain management of one of its residents. The resident in question had extensive wounds to both legs, requiring daily dressing changes, and experienced six falls in the first two and a half months of his residency. During one of his dressing changes with a nurse and aide present, the resident fell from his bed, resulting in a fracture to his neck that ultimately led to his death three days later. The nurse and aide were unable to explain what had happened.
The plaintiff initially brought suit in federal court, but the defense counsel was successful in having the arbitration agreement enforced, moving the case to arbitration. After a three-day arbitration—including opening statements, multiple witness testimony, expert testimony and closing argument—the defendant facility was successful in proving that the pain, wounds and falls had all been managed appropriately and according to the care plans and that the event was an unforeseeable and uncontrollable event. The arbitrator entered a defense award.
Bruce Meskill v. GGNSC Stillwater Greeley LLC dba Golden LivingCenter - Greeley
Plaintiff presented the following experts: Lynn Gerard, RN (nursing standard of care, wound care, pain management, etc.)
Defendant presented the following experts: Jeri Ann Lundgren, RN (nursing standard of care, wound care, pain management, etc.)
Plaintiff was represented by Andrew Noel, Gaskins Bennett
Defendants were represented by Alana K. Bassin and Shane V. Bohnen of Bowman and Brooke LLP