Jury Awards $2.7 Million in Punitive Damages in Nursing Home Malpractice Case
This past September, a Pennsylvania jury awarded $2.7 million in punitive damages to the estate of a nursing home resident who had suffered a fall while under the home’s care. The punitive damages, which followed an award of $300,000 in non-economic compensatory damages after a trial this past April, sends a strong message to nursing homes and their possible liability when handling falls.
What Happened?
On February 5, 2018, Mildred Bernavage, who was 90 years of age at the time, fractured her hip after falling in the shower facility of Green Ridge Care Center. Ms. Bernavage was wheel-chair bound and designated as an extensive assist, high fall risk resident. While getting her ready to be bathed, the certified nurse’s aide lifted Ms. Bernavage out of her wheelchair and in the process, fell to the ground, taking Ms. Bernavage with her. The CNA had slipped on water that had been left on the floor in the facility. It took 12 hours for Ms. Bernavage to be admitted into a hospital, where she remained for five days to undergo hip surgery. Ms. Bernavage passed away in March 2020, at the age of 92, from unrelated co-morbidities.
The Trial and Verdict
In 2019, Ms. Bernavage’s daughter and power-of-attorney, Carolyn Vanston, filed a complaint against Green Ridge Care Center as well as Saber Healthcare Group, the owners of the nursing home. Ms. Vanston also filed a complaint with the county’s district attorney’s office, alleging elder abuse, though according to court documents, criminal charges had not been filed. Prior to trial, the pre-trial demand was $225,000; the estate was offered $120,000. The estate declined the offer and proceeded to trial. At trial, the estate was represented by attorneys, Jamie Anzalone and Kelly Ciravolo, who argued that the defendants and their employees acted with reckless indifference in their care of Ms. Bernavage.
Specifically, it was argued that one of the conditions that caused Ms. Bernavage’s fall was the lack of adequate protections in the shower facility. During a survey of the facility conducted by the state’s Department of Health prior to the fall, the tile floor of the shower facility was wet and the configuration of the tub area was difficult for residents to use, due to the fact that no handle or grab bar was installed. The Department instituted a plan of correction that included the installation of a grab bar. The plan also required making a squeegee available for wet surfaces. However, the shower facility’s condition remained unchanged. Furthermore, the estate’s attorneys argued that the nursing home staff aggravated Ms. Bernavage’s injuries while transferring her. The jury found that the nursing home was negligent and awarded $300,000 to the estate for Ms. Bernavage’s pain and suffering. “We were able to prove Saber Healthcare Group, through its administration at Green Ridge, exhibited a pattern of conduct where they knew people like Mrs. Bernavage were being transferred incorrectly…Transfers like that were happening for months. Unfortunately, our client felt the brunt to that pattern of conduct,” Mr. Anzalone commented.
The jury also found that the facility acted with reckless indifference, which permitted the estate to seek punitive damages in a separate trial. After the April verdict this year, the punitive damages portion of the trial was not held until September, in order to give the estate time to research Saber Healthcare’s financial condition and their ability to pay, which is a factor that may be considered when awarding punitive damages. The jury convened on September 5th and rendered its verdict on September 8th. A total of $2.7 million was awarded to the estate in punitive damages.
Saber Healthcare Group owns 125 nursing homes, with 25 in the Pennsylvania area. As attorney Kelly Ciravolo stated, “The rules were not being followed…That will not be tolerated in this area.”
