Jury reaches defense verdict in pressure ulcer case — Defense verdict

Type of action: Medical malpractice

Court: Danville Circuit Court

Tried before: Jury

Name of judge or mediator: Judge Joseph W. Milam Jr.

Date resolved: 4/7/2023

Demand: $3,000,000

Verdict or settlement: Verdict

Amount: $0 (defense)

Attorneys for defendant: Charles Y. Sipe and Jessica M. Flage, Richmond; Melissa P. Reading and Annie E. Howard, Johnson City, Tennessee

Description of case: In the fall of 2016, the plaintiff’s decedent was admitted to a hospital after a period of declining physical and mental health at the age of 83. She was discharged to a skilled nursing facility, where she was alleged to have developed a sacral pressure ulcer. The decedent was readmitted to the hospital for other conditions, and plaintiff alleged that the sacral pressure ulcer was made worse by the hospital. Following a five-day hospitalization, she was discharged back to the skilled nursing facility.

The decedent was transferred between the hospital and skilled nursing facility many times from September 2016 to December 2017. Following her December 2017 hospital admission, she was discharged to a second, non-defendant, skilled nursing facility and continued to have periodic admissions to the hospital. The decedent expired on June 13, 2018, at the second skilled nursing facility.

The plaintiff alleged that the defendants were negligent by failing to turn and reposition the patient at least every two hours, failing to reposition her appropriately while in a chair, failing to provide adequate nutrition, failing to provide complete pressure relief to the heels, failing to provide a specialty mattress, failing to provide appropriate catheter care and permitting her to develop c-diff.

During a five-day jury trial, 21 witnesses testified, which included eight experts (three for the plaintiff, and five for the defendants, collectively). The plaintiff presented both wrongful death and survival claims to the jury. After three and a half hours of deliberation, the jury returned a verdict for both defendants on all claims.

Annie E. Howard, counsel for the defendant, provided case information. [023-T-049]