Facts

On Oct. 13, 2006, Alvin Stinson placed his wife, plaintiff Elaine Stinson, then 82 years old, into Leisure Palms, a licensed residential care facility for the elderly. Elaine Stinson suffered from Alzheimer's disease and was recovering from recent hip surgery. Between October and December 2006, Stinson suffered three falls while at Leisure Palms. As the result of a fall that occurred on Dec. 31, 2006, Stinson was taken to a hospital where emergency surgery was performed. Stinson sued Leisure Palms and its owner, Phyllis Kittinger, alleging elder abuse and neglect.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Leisure Palms engaged in reckless neglect in its treatment of Stinson. Defendants knowingly took on the care of plaintiff who was diagnosed with end stage dementia and Alzheimer's disease, even though their own plan of operation filed with the state specifically excluded such care. Defendants further failed to provide the minimum standards of care to residents, including but not limited to hiring caregivers that could not read or write, understaffing the facility per their own plans of operation, and the failure to provide the necessary training for medication administration to its staff.

Stinson's primary care physician reported at the time of her admission that Stinson required intense medication management and constant supervision as she was a fall and wander risk. Leisure Palms' owner, Phyllis J. Kittinger, read the doctor's report and told the Stinsons not to worry because she and her staff would take great care of Elaine.

Despite the care facility's promises, Stinson suffered three falls at Leisure Palms between October and December 2006. As a result of a fall on Dec. 31, Stinson suffered a head contusion, three broken ribs, and a punctured lung. Instead of calling Stinson's doctor or family, defendant Leisure Palms caregiver placed Stinson in her bed and waited until the next day to see if the injuries would blow over. The next morning, Alvin Stinson arrived to find his wife in bed nonresponsive. He immediately called family and 911 for help. His wife was rushed to the hospital where emergency surgery was performed.

Initially, physicians told the Stinson family that Elaine would not make it, but she fully recovered over the next 10 months in a skilled nursing facility. Alvin Stinson made a formal complaint with the Department of Social Services regarding the neglectful care his wife received at Leisure Palms. The Department of Social Services investigated the issues and cited Leisure Palms for its unsafe practices. Still, Leisure Palms and its owner would not yield.

DEFENDANTS' CONTENTIONS:
Defendant's contended that Stinson's injuries from the Dec. 31 fall were minor and did not require medical attention. The defense claimed that Stinson was likely injured by her husband the next day.

Result

The jury returned a verdict in favor of the plaintiff for $1,338,000. The bifurcated trial award consisted of $88,000 in past medical bills, $500,000 in general damages, and $750,000 in punitive damages.

Other Information

FILING DATE: Jan. 8, 2008.