April, 2023

Mark Hammond and Pete Pullen successfully defended a Barbourville, KY nursing home alleged to have abused and neglected an elderly resident. Plaintiff alleged negligent feeding tube care resulted in aspiration and subsequent death. Other allegations included abuse and neglect related to unexplained bruising, as well as chemical and physical restraints due to use of Percocet, Xanax, and wrist cuffs. Plaintiff’s damages were capped at $15 million. Barbourville defended by submitting that death resulted from infection and sepsis that could not be prevented despite appropriate actions by the nursing home, the resident’s physician, and the hospital emergency department in initiating antibiotics and getting decedent to the hospital timely. Bruises to decedent’s wrist a year before death related to use of a blood thinner, and frail skin, and were common with decedent. Percocet and Xanax were prescribed by physician for osteoarthritis and anxiety due to dementia. No wrist cuffs were ever used. The jury returned in approximately one hour with a unanimous defense verdict.

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