Practicing Law With a Passion for the Rights of the Individual
PRESS RELEASE
MADISONVILLE, Ky. - A Hopkins County jury awarded $42.75 million to the family of a man who was abused, neglected and ultimately died in a Madisonville nursing home.
"Joseph Clint Offutt became lethally dehydrated despite having a feeding tube," said Lisa Circeo, a Lexington attorney who represented the family. "The facility simply failed to ensure he got enough water to live."
Offutt was one of seven children who grew up on a farm and served in World War II. He was married for 58 years and was still planting crops at age 88. A stroke weakened him in 2007, and his devoted wife, Pearline, cared for him at home for eight months before the family realized he needed professional care.
The 92-year-old man was in Harborside of Madisonville from March 25, 2008, until April 3, 2008. Just nine days. He was transferred to Regional Medical Center and died on April 5, 2008.
Offutt's family filed a wrongful death lawsuit in 2009 against HBR Madisonville LLC d/b/a Harborside Healthcare - Madisonville Rehabilitation and Nursing Center n/k/a Hillside Villa Care and Rehabilitation Center; Sunbridge Healthcare Corporation; Sun Healthcare Group, Inc.; and Harborside Healthcare Corporation.
Circeo, along with Lance Reins, both of Wilkes & McHugh, P.A., represented the Offutt family in the case. The trial lasted three weeks and ended on Nov. 16, 2010.
In the complaint, the family alleged that the defendants neglected Offutt, causing him to suffer many injuries, including the following severe dehydration, malnutrition, bedsores, infections, and ultimately death. The Adult Protective Service Department of the Commonwealth of Kentucky substantiated the allegations of neglect of Offutt, according to the lawsuit.
Circeo and Reins presented evidence at trial that the nursing home was part of one of the largest for-profit nursing home companies in America. It generated $1.8 billion in revenue in the year that Mr. Offutt resided there and ultimately put profits over people.
The jury awarded $1million for Mr. Offutt's pain and suffering, $1.75 million for Mrs. Offutt's loss, and $40,000,000 for punitive damages.
"This jury has sent a clear message to nursing home operators in Kentucky and elsewhere that you cannot profit at the expense of the people you are responsible for caring for," said Lance Reins.