A Philadelphia Court of Common Pleas jury has granted a unanimous defense verdict in favor of an Elkins Park, Pa. senior care facility in a claim by the family of a deceased female resident over her care and treatment.
Spector Gadon Rosen Vinci P.C. (SGRV) attorneys Brooke C. Madonna and Stephanie V. Shreibman won the unanimous defense verdict on behalf of defendant Oak Health & Rehabilitation Center, Inc. and Oak HRC Elkins Crest, LLC d/b/a Elkins Crest Health & Rehabilitation Center. The case was tried before the Honorable Ann M. Butchart of the Court of Common Pleas of Philadelphia County.
The case involved an elderly woman with medical issues including dementia who was a resident at Elkins Crest for a year and three months. The plaintiff alleged, inter alia, that the nursing home failed to follow a doctor’s order requiring that the resident be fed all meals by the nursing staff, causing her to drastically lose a large amount of weight and putting her at risk to develop pressure ulcers.
The resident developed a Stage IV pressure wound on her sacrum while at the hospital, also a defendant, that never healed and allegedly contributed to her eventual death. Madonna and Shreibman successfully argued a motion in limine to prevent the plaintiff from alleging death related to the care and treatment at Elkins Crest, so only the survival claim went to the jury. The Court also allowed a charge of punitive damages to go to the jury against Elkins Crest. Madonna and Shreibman were able to secure a unanimous defense verdict.
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