Experience

Wilkes & McHugh handles a variety of defective product cases

Location: Nationwide

Plaintiff: Multiple
Defendants: Multiple throughout the United States

Description: Attorneys from Wilkes & McHugh currently represent injured persons and their families in products liability cases pending in Florida, Pennsylvania, Nevada, Arizona, and elsewhere, for products including exercise equipment, electrical equipment, and medical devices.

Nursing Home Abuse

Location: Hardin County, Kentucky

Plaintiff: Estate of Lou Vena Jones
Defendant: Elizabethtown Health Facilities, L.P. d/b/a Elizabethtown Nursing and Rehabilitation Center, et. al.
Amount: $1.108 million verdict
Alleged Injuries:  Negligence,violations of Long Term Care Resident's Rights, and wrongful death in a case where a woman suffered a fracture, pressure sores and severe infections in an Elizabethtown, Kentucky, nursing home.

Description: Lou Vena Jones was a resident at Elizabethtown Nursing and Rehabilitation Center from Dec. 31, 2009, until Oct. 14, 2012. While there, she was sent to the hospital seven times. She developed severe infections, including sepsis and colitis. Ms. Jones also suffered a severely fractured femur after receiving medically unnecessary therapy. She endured the fracture for five days; it went untreated despite staff noting the bruising, swelling and pain.

The hospital determined that she wouldn’t benefit from surgery and sent her back to the nursing home. The nursing home failed to provide enough staff to properly turn and reposition her, so over the course of nine days, the fractured bone burst through the skin. Ms. Jones returned to the hospital, where she was also diagnosed with numerous bedsores.

After her hospitalization, Ms. Jones spent three weeks in another rehabilitation facility before passing away on Jan. 26, 2013.

Wilkes & McHugh attorneys Ross Mann and Lisa Circeo argued at trial that a nursing home is never allowed to put a vulnerable resident through painful therapies that have no medical justification. They must contact the resident’s guardian to get permission before performing therapy, and the guardian has a right to refuse those therapies.  Also, patients must have a realistic chance of improving to justify ordering therapy for them.

Mr. Mann argued that the facility and its corporate owners gave patients unnecessary therapies so they could charge more and get higher reimbursements from Medicare. The defendants violated a number of safety rules, including failing to call the family for consent for treatment, failing to notify her physician in a timely manner, failing to accurately and adequately plan for her care, failing to have sufficient staffing numbers, and initiating medically unjustified therapies that caused Ms. Jones pain, injury and ultimately death.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Woman stabbed while shopping at retail store

Location: Pennsylvania

Plaintiff: Tennessee woman
Defendant: Retail store
Amount: Confidential
Alleged Injuries: Negligence, and negligent infliction of emotional distress after a young woman was attacked and stabbed multiple times by a third party criminal assailant

Description: A young woman and her mother were shopping in a retail store when a third party criminal assailant attacked the young woman, stabbing her with a knife multiple times. She suffered serious and permanent injuries as a result. Wilkes & McHugh represented this woman in an action based on the store’s failure to provide adequate security for its patrons. The matter was confidentially resolved during trial.

Dehydration at Kentucky nursing home led to man's death

Location: Hopkins County, Kentucky

Plaintiff: The Estate of Joseph Clint Offutt
Defendant: HBR Madisonville LLC d/b/a Harborside Healthcare, Sunbridge Healthcare Corporation; Sun Healthcare Group, Inc.; and Harborside Healthcare Corporation
Amount: $42.75 million verdict
Compensatory Damages: $2.75 Million
Punitive Damages: $40 Million
Alleged Injuries: Negligence, including corporate and medical, as well as Violations of Long Term Care Resident's Rights, resulting in dehydration, malnutrition, bedsores, infections, and wrongful death

Description: Joseph Clint Offutt became lethally dehydrated despite having a feeding tube because Harborside Healthcare in Madisonville failed to ensure he got enough water to live. The 92-year-old was only in the facility for nine days in the spring of 2008, but he suffered many injuries, including multiple bedsores that emitted a foul odor and dehydration that resulted in kidney failure and death. 

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Tennessee Court of Appeals upholds nursing home verdict

Location: Warren County, Tennessee

Plaintiff: Cheatum Myers
Defendant: National Healthcare Corporation, McMinnville
Amount: $4.1 million
Alleged Injuries: Negligence, gross negligence, medical malpractice, and violation of the Tennessee Adult Protection Act that caused the plaintiff to suffer multiple falls with fractures, a Stage IV pressure sore, leg contractures and infection.

Description: The Tennessee Court of Appeals allowed the original decision on Myers vs. National Healthcare Corporation to stand. While the $4.1 million verdict for compensatory damages was upheld, it was reduced by $75,000. During the original trial in 2007, the trial judge dismissed the punitive claim after the jury had awarded $29.8 million in punitive damages. The Tennessee Court of Appeals ruled that the trial judge erred in doing so and granted a retrial for punitive damages. The Tennessee Supreme Court denied Defendants' request to appeal. The case later settled out of court for a confidential sum.

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