Gordon & Rees Pittsburgh partner Jennifer M. Kirschler and associate Erica Kelly obtained a defense verdict on all claims for their client, a long-term senior care facility, on January 14 after a four-day jury trial.
The plaintiff, the daughter of a deceased former resident of the senior care facility, alleged that her mother was improperly cared for by staff during her stay at the facility. Specifically, the resident was in the facility for rehabilitation following a hospital stay. She was having difficulty walking and was weak. The certified nursing assistant was helping the resident in the bathroom at which time the resident slid from her wheelchair and fell, sustaining a fracture to her leg. The fracture was severe and required surgery due to the resident’s previous medical condition. After significant surgery and treatment, the resident developed ulcers at the wound site which required further treatment. Due to the injury and the subsequent surgery, the resident was confined to a wheelchair for the rest of her life. She died approximately 1 ½ years later of unrelated causes.
The jury found that the care and treatment provided to the resident and, specifically, the care by the aide at the time of the fall, was not negligent. The 12-person jury entered a unanimous defense verdict in this case.