The surviving family of Cheathum Myers could end up getting nearly $30 million in punitive damages which were stripped away by the trial judge after jurors found NHC partially liable for the death of an 88-year old man.

A ruling handed down by the state Court of Appeals ordered the case to return to the trial court in Warren County for re-trial on the question of punitive damages. The family was originally awarded $29.8 million in punitive damages, along with $4.1 million in compensatory damages. However, the punitive damages were struck down by Circuit Court Judge Bart Stanley, who said he found no overt recklessness on the part of NHC. The appellate court has upheld the compensatory damages.

The original award was given by a jury which heard evidence in February 2007 in the death of Myers, who died after suffering a heart attack in 2005. However it was incidents leading up to his heart attack which prompted the family to file suit against the NHC corporation and its McMinnville affiliate where Myers had been a patient.

Specifically, the plaintiffs said NHC placed profits over people in short staffing its care facilities to maximize profits. It was during that time the plaintiffs said Myers was allowed to take seven falls, at one point fracturing his hip and waiting a week before it was treated.

The plaintiffs also claimed the victim suffered bad bed sores and that a catheter lead to an infection which may have later lead to his death.
By July 2005, Myers had pneumonia, hypertension and urosepsis, prosecutors claimed. He was transported from NHC to the hospital where he suffered a heart attack. He did not return to the nursing home, and died in August 2005.

While the defense maintained NHC staffed the facility beyond state requirements, the jurors not only found NHC negligent awarding compensatory damages, but also tried to award the plaintiffs what would be a record punitive damage of $29.6 million.

The trial court set aside most of the punitive damages with the exception of $163,402 against NHC McMinnville saying there was no evidence of reckless behavior on the part of the national company. Setting aside punitive judgment, while finding compensatory damages, is what prompted both sides to appeal.

"We're really happy with it," said Lisa Circeo, an attorney with Wilkes & McHugh, P.A., which represented the plaintiffs. "We're pleased the court, by and large, affirmed the jury and trial court's decisions regarding the compensatory damages. We believe this is an egregious case of neglect, and we look forward to our new trial on punitive damages and holding the companies accountable for what happened to Mr. Myers."

The case has not been set for re-trial since the appeals court ruling was just issued. The re-trial will be limited to hearing evidence regarding punitive damages since he compensatory damage question has been affirmed.

It is not known if a full jury re-trial will be needed. The first jury trial took two weeks.