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Attorneys with Wilkes & McHugh, P.A. were named in the National Law Journal's "Plaintiffs' Hot List." We also had the honor of being featured for our work representing victims of nursing home neglect.
Martindale-Hubbell gives W&M highest rating
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Over 20 years ago, attorneys Jim Wilkes and Tim McHugh started one of the first nursing home abuse and neglect law firms in Tampa, Florida. Since that time, the firm has grown to more than 50 attorneys licensed to practice nursing home abuse and neglect litigation in over 15 states. In fact, lawyers with Wilkes & McHugh, P.A. have earned over $300 million in courtroom verdicts to date. Early Florida nursing home abuse and neglect lawsuit successes helped fuel the firm's expansion from Florida to our current ten offices in eight states. Click here for more information on our offices.
Sampling of Wilkes & McHugh, P.A. Nursing Home Neglect Verdicts*
| Case: |
Harry Wilson v. Genesis Health Ventures |
| Date: |
December 19, 2007 |
| Amount: |
$3.5 million |
| Location: |
Philadelphia , PA |
| W&M Attorneys: |
Brian D. Reddick, Bennie Lazzara, Jr., William P. Murray, III, Susan N. Estes |
| Alleged Injuries: |
Neglect and abuse by nursing home resulting in a fractured hip and multiple stage IV pressure sores |
| Description: |
Attorneys for Wilkes & McHugh, P.A., represented the estate of Harry Wilson. Mr. Wilson, who suffered from dementia, often wandered from his home, which necessitated him being admitted to the nursing home for his safety. During his stay at the nursing home, Mr. Wilson suffered from seven falls, one of which resulted in a broken hip. While in the nursing home, he also became malnourished, dehydrated, and developed large stage IV bed sores. In the end, a faulty piece of equipment contributed to Mr. Wilson’s death. These injuries were the result of the facility’s lack of adequate staff and supplies due to budgeting decisions made by Genesis Health Ventures, Inc., the parent corporation of Mayo Clinic. The jury returned a unanimous verdict of $3.5 million.
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| Case: |
Francine Collins v. Episcopal Long Term Care |
| Date: |
April 23, 2007 |
| Amount: |
$597,594 |
| Location: |
Philadelphia , PA |
| W&M Attorneys: |
Tammera R. Harrelson, Brian L. Strauss |
| Alleged Injuries: |
Neglect and abuse by nursing home leading to fractured tibia of Francine Collins
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| Description: |
Nursing Home neglect attorneys from Wilkes & McHugh, P.A.,represented Francine Collins, through her mother, Susan Collins. Francine, 50 years old, with degenerative muscle disease, was permitted to roam the nursing home in her wheelchair without sufficient monitoring system and staff members to watch her. As a result, she fractured her tibia. She was casted, completely healing in nine months. The jury returned a verdict of $97,594 in past medical expenses and $500,000 for her pain and suffering.
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| Case: |
Lottie Logan v. Cheltenham York Road Nursing & Rehabilitation Center |
| Date: |
June 19, 2007 |
| Amount: |
$500,000 |
| Location: |
Philadelphia , PA |
| W&M Attorneys: |
Tammera R. Harrelson, Brian L. Strauss |
| Alleged Injuries: |
Neglect and abuse by nursing home leading to multiple falls of Lottie Logan
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| Description: |
Nursing Home neglect attorneys from Wilkes & McHugh, P.A., represented Lottie Logan, through her daughter, Nadine Logan. Lottie, 82 years old, with dementia, was permitted to fall nine times within nine months due to the failure of the nursing home to have sufficient staff and bed alarms. As a result, she fractured her hip. She had surgery and was bedridden thereafter. The jury returned a verdict of $500,000 for her pain and suffering.
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| Case: |
Myers v. National Healthcare Corporation |
| Date: |
February 21, 2007 |
| Amount: |
$4.2 million |
| Location: |
Tennessee |
| W&M Attorneys: |
Ken Connor, Lisa Circeo, William Murray |
| Alleged Injuries: |
Neglect by nursing home staff resulting in multiple falls with fractures, Stage VI pressure sore, leg contractures, and infection. |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Cheatum Myers, who suffered from multiple falls resulting in fractures while under the care of a Tennessee nursing home. The testimony proved that Mr. Myers' fractured hip, which resulted from his seventh documented fall in the facility, was not treated or x-rayed for seven days, and that subsequent doctor's orders regarding his fractured hip were not followed. Mr. Myers also developed a Stage IV pressure sore, leg contractures, urosepsis and bilateral pnumonia. |
| Case: |
Frieh v. Life Care Centers of America, Inc. |
| Date: |
August 24, 2006 |
| Amount: |
$1.5 million |
| Location: |
Arizona |
| W&M Attorneys: |
Melanie L. Bossie, Utiki Y. Spurling |
| Alleged Injuries: |
Neglect by nursing home staff resulting in Stage IV pressure sore, infection and dehydration |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Dorothy Frieh, 81. She resided in an Arizona nursing home where she developed a stage IV pressure sore requiring flap surgery to repair. Due to the neglect by the nursing home staff, she also suffered from weight loss, infection and dehydration. |
| Case: |
Berry v. Magnolia Healthcare, Inc. |
| Date: |
August 16, 2006 |
| Amount: |
$1.25 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Bennie Lazzara, Jr., A. Lance Reins, Gale N. Walker |
| Alleged Injuries: |
Neglect by nursing home staff resulting in dehydration and malnutrition |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Hurry Lee Berry, 59. She entered a Mississippi nursing home with brain cancer, lung cancer, and diabetes. As a result of the neglect by the nursing home, she suffered from dehydration and malnutrition. |
| Case: |
Bradley vs. Mariner Health Care, Inc. |
| Date: |
May 26, 2006 |
| Amount: |
$12 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Amy J. Quezon, A. Lance Reins, Gale N. Walker |
| Alleged Injuries: |
Neglect by nursing home staff resulting in infections, unexplained injuries, dehydration and death |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Mable Bradley who suffered multiple urinary tract infections as well as unexplained injuries while under the care of a Mississippi nursing home. The nursing home also neglected to provide enough water for Mrs. Bradley, resulting in death from dehydration. |
| Case: |
Richards vs. Beverly Enterprises |
| Date: |
May 4, 2006 |
| Amount: |
$20 million |
| Location: |
Kentucky |
| W&M Attorneys: |
Kenneth L. Connor |
| Alleged Injuries: |
Neglect by nursing home staff leading to death. |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Loren Richards, 84, who died in a nursing home after nurses repeatedly ignored his cries for help. Mr. Richards was suffering from an impacted bowel, and subsequently died of a heart attack. Wilkes & McHugh, P.A. attorneys also alleged that the nursing home was understaffed due to companywide cost-cutting. |
| Case: |
Morris vs. Western Convalescent Hospital |
| Date: |
June 30, 2005 |
| Amount: |
$12.8 million |
| Location: |
California |
| W&M Attorneys: |
Robert J. Chavez, Anthony C. Lanzone |
| Alleged Injuries: |
Neglect by nursing home leading to multiple pressure sores and the amputation of right leg |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Kenneth F. Morris who suffered from chronic decubitus ulcers all over his lower legs. The Defendants claimed that Mr. Morris was non-compliant with caregivers' instructions, that he was a smoker, that he had venous insufficiency, and that the amputation from infection was an inevitable part of his disease process. Wilkes & McHugh, P.A. lawyers proved that the facility was chronically understaffed and that Mr. Morris did not, in fact, have any medically diagnosed venous insufficiency. |
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| Case: |
Groves vs. Beverly Enterprises (click for more info) |
| Date: |
September 16, 2004 |
| Amount: |
$9.7 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Kenneth L. Connor, Amy J. Quezon |
| Alleged Injuries: |
Neglect by nursing home leading to amputation, poor hygiene, pressure sores |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Earline Groves who suffered injuries including falls, dehydration, malnutrition, weight loss, bone fractures, poor hygiene, pressure sores, and infections. |
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| Case: |
Allen vs. International Health Care Properties (click for more info) |
| Date: |
August 10 , 2004 |
| Amount: |
$1 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Lisa E. Circeo, Bennie Lazzara, Jr. |
| Alleged Injuries: |
Neglect by nursing home leading to sexual abuse, multiple falls, lacerations requiring stitches, multiple pressure
sores |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of of Annie Allen who was sexually assaulted by another resident of the facility.
Because of chronic short staffing, the nursing home neglected to provide a safe
environment leading to catastrophic injuries, disfigurement, extreme pain,
suffering, and mental anguish. |
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| Case: |
Hernandez vs. Upland Rehabilitation and Care Center (click for more info) |
| Date: |
June 9 , 2004 |
| Amount: |
$727,500 |
| Location: |
California |
| W&M Attorneys: |
Robert Chavez, Anthony Lanzone |
| Alleged Injuries: |
Neglect by nursing home leading to stage IV pressure sore to buttocks and
fatal infection |
| Description: |
In what is believed to be the first California case in which the plaintiff proved wrongful death by elder abuse, attorneys from Wilkes & McHugh, P.A. represented Frank Hernandez who suffered a stage IV pressure sore during his residence at Upland Rehabilitation and Care Center. Jurors heard testimony that staff at the facility would sleep during their shifts and were not providing the care needed by the residents. |
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| Case: |
Smith vs. Little Rock Health Care and Health Facilities Management (click for more info) |
| Date: |
April 16, 2004 |
| Amount: |
$1.99 million |
| Location: |
Arkansas |
| W&M Attorneys: |
Tammera R. Harrelson, David J. Sachar |
| Alleged Injuries: |
Neglect by nursing home leading to a broken ankle; significant bruising to face, arms, and legs; weight loss; pressure sores |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Mildred Smith who, while being transported by the
nursing home, was not properly restrained in her wheelchair. She flew out of the
chair after a sudden stop and hit her face on the seat in front of her resulting
in injuries. She subsequently received inadequate care and within 15 days of the
accident developed three Stage III pressure sores resulting in infections. |
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| Case: |
Crook vs. Mariner Post-Acute Network (click for more info) |
| Date: |
March 11, 2004 |
| Amount: |
$10 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Kenneth L. Connor, Amy J. Quezon |
| Alleged Injuries: |
Neglect by nursing home leading to amputation, poor hygiene, pressure sores |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Mamie Crook whose left leg had to be amputated because staff provided substandard care. The nursing home would leave her to lie in her own waste for hours and did not
turn her regularly, resulting in preventable bed sores. |
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| Case: |
Givens vs. Rose Care, Inc. (click for more info) |
| Date: |
January 21 , 2004 |
| Amount: |
$1.6 million |
| Location: |
Arkansas |
| W&M Attorneys: |
Tammera R. Harrelson, Brian D. Reddick |
| Alleged Injuries: |
Neglect by nursing home leading to pressure sores, chronic urinary tract infections, blood and urine infections, malnutrition |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Eula Givens whose one year and two month residence at
Rose Care was marked by chronic urinary tract infections, blood and urine
infections, malnutrition resulting in 41-pound weight loss, and 10 separate
pressure sores – one deep enough to reveal bone. |
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| Case: |
Edwards vs. Mariner Health Care, Inc. (click for more info) |
| Date: |
December 19, 2003 |
| Amount: |
$6.5 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Kenneth L. Connor, Amy J. Quezon |
| Alleged Injuries: |
Neglect by nursing home leading to pressure sores, numerous falls, dehydration, malnutrition, weight loss,
infection, medication errors |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Charles Edwards who suffered preventable bedsores. Mr.
Edwards was persistently covered in his own dried feces and left to lie in
urine-soaked bedding. |
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| Case: |
Despain vs. Avante at Leesburg, Inc. (click for more info) |
| Date: |
August 26, 2003 |
| Amount: |
$1.7 million |
| Location: |
Florida |
| W&M Attorneys: |
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| Alleged Injuries: |
Neglect by nursing home leading to pneumonia, malnutrition, weight loss, two falls |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented Beulah Despain who suffered from unexplained weight loss; unassessed
and inappropriately treated physical, mental and emotional problems; an unsafe
environment; delays in the provision of care; inadequate preventative custodial
skin care; and inconsistent and inappropriate documentation. |
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| Case: |
Evans vs. Beverly Enterprises, Inc. (click for more info) |
| Date: |
February 21, 2003 |
| Amount: |
$7.7 million (case settled prior to punitive damage award) |
| Location: |
Florida |
| W&M Attorneys: |
Joseph H. Ficarrotta |
| Alleged Injuries: |
Neglect by nursing home leading to congestive heart failure |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented the estate of Elizabeth Evans whose death was a direct result of negligent care. Despite
strict doctor’s orders, Beverly failed to monitor fluid intake and output resulting in Ms. Evans' death from congestive heart failure. |
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| Case: |
Johnson vs. Magnolia Health Care, Inc. (click for more info) |
| Date: |
November 26, 2002 |
| Amount: |
$7 million |
| Location: |
Mississippi |
| W&M Attorneys: |
Bennie Lazzara, Jr. |
| Alleged Injuries: |
Neglect by nursing home leading to pressure sores |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Elnora Johnson who had continually been malnourished and left with
pressure sores in a bed soaked with urine and feces. |
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| Case: |
Williams vs. Tandem Health Care, Inc. (click for more info) |
| Date: |
March 23, 2002 |
| Amount: |
$1.99 million |
| Location: |
Florida |
| W&M Attorneys: |
Melanie L. Bossie, A. Lance Reins |
| Alleged Injuries: |
Neglect by nursing home leading to a massive subdural hematoma |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented the estate Lucille Williams who fell, hit her head, and died six days after
admission. Although determined to be at high risk for
falls, she was not supervised appropriately, was not taken to the hospital
when she fell and complained of a headache, and in fact was not taken to the hospital until ten hours after the
traumatic fall.
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| Case: |
Sauer vs. Advocat, Inc. (click for more info) |
| Date: |
June 22, 2001 |
| Amount: |
$78.4 million |
| Location: |
Arkansas |
| W&M Attorneys: |
Bennie Lazzara, Jr., Brian D. Reddick |
| Alleged Injuries: |
Neglect by nursing home leading to medical malpractice, wrongful death |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Margaretha Sauer who suffered from dehydration and malnutrition
while in residence. Because
of the nursing home's neglect, Ms. Sauer eventually went into kidney failure
and ultimately died. |
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| Case: |
Boatright vs. Regional Management, Inc. (click for more info) |
| Date: |
June 18, 2001 |
| Amount: |
$1 million |
| Location: |
Arkansas |
| W&M Attorneys: |
Amy J. Quezon |
| Alleged Injuries: |
Neglect by nursing home leading to amputation of both legs at the knee; multiple falls resulting in, bruising,
black eyes, and skin tears |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Jewell Emmett Boatright who suffered from bedsores on his hips,
buttocks, scrotum, and both legs - resulting in their amputation above the
knees. The nursing home's refusal to bathe him eventually led to painful and
unsightly sores on his head. |
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| Case: |
Nash vs. Compton Management, Inc. (click for more info) |
| Date: |
June 7, 2001 |
| Amount: |
$12.3 million |
| Location: |
Arkansas |
| W&M Attorneys: |
James R. Freeman, Tammera R. Harrelson |
| Alleged Injuries: |
Neglect by nursing home leading to falls, broken hip |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Estelle Shaw who died just two weeks after falling out
of bed and breaking her hip. Despite learning that Ms. Shaw could escape from a
soft-belt restraint - and considering her pattern of frequently trying to get
out of bed to go to the bathroom - the nursing home continued to rely on the
inadequate restraint. |
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| Case: |
Muccianti vs. Fountain View, Inc. (click for more info) |
| Date: |
April 4, 2001 |
| Amount: |
$5.2 million |
| Location: |
California |
| W&M Attorneys: |
Bennie Lazzara, Jr. |
| Alleged Injuries: |
Neglect by nursing home leading to rapid weight loss, death |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Margaret Muccianti who was improperly discharged from the facility. Ms. Muccianti died shortly
thereafter from complications arising out of a bowel disease that had gone
undiagnosed and untreated by staff despite the fact that she had lost more than
30 pounds during her stay. |
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| Case: |
Morehead vs. Health Facilities Management, Inc. (click for more info) |
| Date: |
February 22, 2001 |
| Amount: |
$1.54 million |
| Location: |
Arkansas |
| W&M Attorneys: |
James R. Freeman, Amy J. Quezon, Brian D. Reddick |
| Alleged Injuries: |
Neglect by nursing home leading to multiple bedsores, contractures, fractured hip, recurrent urinary tract
infections |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented Johnnie Morehead who suffered from bedsores so deep that the
infection entered his bloodstream. He was often left to lie in his own waste for
hours on end and was not bathed daily, contributing to his skin breakdown. |
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| Case: |
McCorkle vs. Colonial Care Center (click for more info) |
| Date: |
September 27, 2000 |
| Amount: |
$20 million |
| Location: |
Florida |
| W&M Attorneys: |
Bennie Lazzara, Jr. |
| Alleged Injuries: |
Neglect by nursing home leading to bed sores, wrongful death |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented Charles McCorkle who may have gone unfed for a month, was not given
medication, and did not receive treatment for an infection that turned
gangrenous and required portions of a bone removed. The jury was so outraged by
the neglect that one juror remarked that the verdict was meant, "to speak for those who can't speak for themselves." |
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| Case: |
Jones vs. Advocat, Inc. (click for more info) |
| Date: |
July 14, 2000 |
| Amount: |
$3 million |
| Location: |
Arkansas |
| W&M Attorneys: |
Jim Wilkes, Bennie Lazzara, Jr., Brian D. Reddick |
| Alleged Injuries: |
Neglect by nursing home leading to malnutrition, dehydration, pressure sores, infections, broken bones, amputations |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented Frances Jones who endured gruesome conditions that led to bedsores,
fractures, the amputation of both her legs, and ultimately her death. |
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| Case: |
Collins vs. Perry Health Facility (click for more info) |
| Date: |
March 31, 2000 |
| Amount: |
$12 million |
| Location: |
Florida |
| W&M Attorneys: |
Kenneth L. Connor |
| Alleged Injuries: |
Neglect by nursing home leading to dehydration, sexual assault , death |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented Leatha Collins, who died of dehydration after being sexually
assaulted twice and physically assaulted once. |
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| Case: |
Heide vs. National Healthcare Corp. (click for more info) |
| Date: |
March 31, 1999 |
| Amount: |
$10 million (settlement prior to punitive damage award) |
| Location: |
Florida |
| W&M Attorneys: |
Amy J. Quezon |
| Alleged Injuries: |
Neglect by nursing home leading to bed sores, gangrene, amputation, death |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented Marion Heide whose death was a direct result of gross nursing home neglect. A small scrape was left untreated and became so infected that she
eventually lost her leg. The trauma of amputation - combined with being left to
lie in her own waste for hours - ultimately killed her. |
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| Case: |
Butler vs. Brian Center Health and Rehabilitation Inc. (click for more info) |
| Date: |
March 22, 1999 |
| Amount: |
$15 million |
| Location: |
Florida |
| W&M Attorneys: |
Kenneth L. Connor, Bennie Lazzara, Jr. |
| Alleged Injuries: |
Neglect by nursing home leading to malnutrition, death |
| Description: |
Lawyers from Wilkes & McHugh, P.A. represented John Lee Butler, a Korean War veteran who died of starvation. The
case led the foreman of this jury to say, "You're not dealing with goldfish you can flush away when they are dead." He and the jury heard testimony about a case that sent shock waves through the Tampa, Florida area for its graphic portrayal of nursing home neglect at its worst. |
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Sampling of Successful Appellate Rulings by Wilkes & McHugh, P.A.
| Case: |
Youngblood vs. Halifax Convalescent Center (click for more info) |
| Date: |
January 23, 2004 |
| Location: |
Florida |
| W&M Attorneys: |
John R. Cummings, Bennie Lazzara, Jr., Susan B. Morrison |
| Description: |
In a landmark decision, Florida's Fifth District Court of Appeals established the right of a personal representative to bring a lawsuit against a Florida nursing home on behalf of a deceased resident. Before this decision, a deceased Florida nursing home resident had limited protection to bring forth in a Florida nursing home neglect lawsuit if the nursing home's behavior did not contribute to the resident's death.
The Court also held that a Florida plaintiff need not establish evidence “beyond gross” negligence to establish liability for punitive damages in Florida nursing home neglect cases. Further, the Court granted a new trial based on the defense's exercise of preemptory strikes against the only two African Americans on the jury venire. Florida Attorneys from Wilkes & McHugh, P.A. handled the appeal. |
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| Case: |
Romano vs. ManorCare, Inc. (click for more info) |
| Date: |
October 1, 2003 |
| Location: |
Florida |
| W&M Attorneys: |
Melanie L. Bossie, Susan B. Morrison |
| Description: |
In a landmark decision, Florida's Fourth District Court of Appeals found that a nursing home's arbitration agreement violated the Florida Residents' Rights statute in Florida nursing home neglect cases. This Court's decision affirmed a Florida resident's right to access the courts, and also expanded the Florida nursing home resident's ability to bring a Florida nursing home neglect lawsuit against wrongdoers even when a signed arbitration agreement exists. |
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| Case: |
Lang-Redway vs. Integrated Health Care Services (click for more info) |
| Date: |
December 12, 2002 |
| Location: |
Florida |
| W&M Attorneys: |
Susan B. Morrison |
| Alleged Injuries: |
Neglect by nursing home leading to pressure sores, falls, malnutrition, infection |
| Description: |
In this landmark decision, the Florida Supreme Court affirmed a Florida nursing home resident's right to exclusively follow the presuit requirements under the Florida Nursing Home Resident Rights statute, as opposed to having to also comply with the Florida medical negligence standards. Moreover, the Court clarified that the Florida Nursing Home Residents Right statute "clearly demonstrates" the Florida Legislature intended a Florida nursing home to be liable for the “failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care" by Florida nursing home staff. Attorneys from Wilkes & McHugh, P.A. handled the appeal. |
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| Case: |
Shelley vs. Alterra Healthcare Corporation (click for more info) |
| Date: |
September 12, 2002 |
| Location: |
Florida |
| W&M Attorneys: |
Kenneth L. Connor |
| Alleged Injuries: |
Neglect by facility leading to fall, leg amputation, death |
| Description: |
Attorneys from Wilkes & McHugh, P.A. represented the estate of Frances Shelley who was found hanging upside down from the footboard area of her bed, with her head swollen, and her leg caught in the bed rail or footboard of the bed, a position she had been left in for six to eight hours. During the course of those | | | | |
