Following a trial that lasted two weeks, Claire Neiger, secured a defense verdict for a large hospital in Philadelphia. The estate for the Plaintiff sought $8.0 million from the Defendant nursing home and our hospital client, alleging that Defendant hospital did not detect sacral and heel pressure ulcers during three separate admissions to the hospital and that defendant nursing home then failed to properly care for the pressure ulcers upon plaintiff’s return to the nursing home. The decedent lived 1 year with the wounds before his death. This case was first filed in August 2014 and Attorney Neiger successfully eliminated the causes of action for punitive damages and corporate negligence prior to trial. Critical Motions in Limine to preclude photographs of the pressure sores and the theory of increased risk of harm of death were also granted in defendant hospital’s favor after argument by Attorney Neiger.
Defendant nursing home settled out of the case on the first day of trial for a confidential sum and Plaintiff sought $2.0 million from the hospital alone. The hospital decided to proceed with the trial. Against the hospital, Plaintiff argued that there were deviations from the standard of care and violations of law and presented emotional testimony and graphic descriptions of the wounds. The estate for the Plaintiff contended that the decedent’s pressure ulcers were “hospital-acquired” resulting from a failure by the hospital to utilize appropriate repositioning techniques during the hospital admissions. Plaintiff presented five days of expert testimony and two days of fact witnesses. Defense countered with two days of expert and fact witness testimony and presented evidence that the pressure ulcers were timely diagnosed and properly treated and that the plaintiff’s underlying medical problems were the cause of the pressure ulcer formation and alleged worsening. After deliberating just two hours, the jury agreed with Attorney Neiger and rendered a defense verdict.