Leavenworth County, Kansas. Defense Verdict
Plaintiff was the estate of a 75 year old male resident with a history of atherosclerosis, Alzheimer’s type dementia, diabetes, and a history of smoking. Approximately five months after the resident’s admission he developed skin breakdowns on his heel, coccyx, and buttock that were initially described as Stage II pressure ulcers or decubitus ulcers. Plaintiff alleged that the staff of the long term care facility had failed to adopt and/or implement an appropriate plan of care to prevent the development of the pressure sores. Plaintiff also alleged that the facility failed to properly manage the treatment of the pressure sores once they developed by failing to monitor the resident’s condition, failing to timely communicate his condition and/or changes in his condition to the resident’s physician, or otherwise provide appropriate medical care. The resident ultimately expired in November 2008. An autopsy requested by the resident’s family asserted that the cause of death was secondary to sepsis from the decubitus ulcers. Summary judgment on the plaintiff’s wrongful death claim was successfully achieved prior to trial. At trial plaintiff initially claimed damages pain and suffering and medical expenses for a total claim of $600,000, but reduced the claimed amount to $150,000 in closing argument. The jury returned a unanimous verdict in favor of our client after one hour of deliberation.