Navigation Links
Arbitration Panel Finds in Favor of Tennessee Victim of Mariner Nursing Home Negligence
Date:9/3/2009

Unanimous Decision on Med Mal, Negligence, and TAPA Claims

HOUSTON, Sept. 3 /PRNewswire-USNewswire/ -- An arbitration panel found in favor of the estate of Mrs. Voncil Sherrod, who died on 3/24/05 from gangrene, which developed during her residency at High Pointe Health and Rehabilitation, a Mariner Health Care nursing home in Tennessee. Counsel for the Plaintiff at the arbitration trial were Kenneth Connor and Henry Giessel of the firm Marks, Balette & Giessel, P.C. and Matthew Mussalli.

The causes of action included claims for ordinary negligence, violation of the Tennessee Adult Protection Act (TAPA), and medical malpractice. Plaintiffs sought to recover compensatory and punitive damages, together with attorneys fees for violation of TAPA. Claims were asserted against Mariner Health Care, Inc. (the parent corporation), Mariner Health Care Management (the management company), and National Heritage Realty, Inc. (the licensee). Plaintiffs averred that the three companies operated the facility as a joint venture and that they served as the alter egos of one another.

"It is outrageous that Mrs. Sherrod was treated so horrifically. She wasn't turned and repositioned and developed terrible pressure ulcers. She wasn't kept clean and developed infections. In addition, she suffered the indignity of languishing in her own waste for long periods of time. We can only hope that other nursing homes take heed and reconsider the way in which they operate their facilities. It is particularly satisfying to have unanimous decisions when you seek justice for a negligence victim's family," said Kenneth Connor.

The arbitration panel, was comprised of two former trial and appellate judges and a lawyer who had represented Mariner. The parties each selected an arbitrator and those two arbitrators picked a third arbitrator who presided over the proceeding. The panel rendered its award, finding unanimously for the Plaintiff on the ordinary negligence, medical malpractice and TAPA survival claims. The damage awards (items X and XII in the link) were determined by a majority of the panel. A copy of the Arbitration Panel's findings is linked here: (http://www.marksfirm.com/pdf/media%20cover/TN_tapa_malpractice.pdf)

The amounts awarded, totaling $2,773,396.32 were as follows:

  • TAPA violations -- $250,000
  • Attorneys fees for intentional, malicious or fraudulent misconduct resulting in a TAPA violation -- $400,000
  • Medical malpractice -- $626,396.32
  • Punitive damages -- $1,500,000

Marks Balette & Giessel is a nationally recognized litigation firm focused on the trial of complex, high-stakes civil cases. The firm's unparalleled commitment, dedication to excellence, and passion for jury trials have resulted in some of the largest verdicts and settlements in the country. For more information about this firm and their results, please see their website at http://www.marksfirm.com/.


'/>"/>
SOURCE Marks Balette & Giessel
Copyright©2009 PR Newswire.
All rights reserved

Related medicine news :

1. MDS Commences Arbitration against AECL over Cancelled MAPLE Project and Files $1.6 Billion Court Claim against AECL and the Government of Canada
2. Genesis Pharmaceuticals Successfully Defends Itself in a Multi-Million Dollar Arbitration, Two Other Arbitration Proceedings Against Genesis are Withdrawn
3. Genesis Successfully Defends Multi-Million Dollar Arbitration Filed by CRG and CRGP; Related Parties Withdraw Remaining Demands for Arbitration Against Genesis
4. Gen-Probe, Roche Prevail in Arbitration With Digene Concerning Human Papillomavirus Agreement
5. Johnson & Johnson Files Arbitration Demand Against Schering-Plough to Resolve Dispute Over Agreements for REMICADE(R) and SIMPONI(TM)
6. Bionovo Announces Arbitration Decision in Lawsuit Filed by Former Officer - All Claims Denied
7. Virginia Tech Review Panel Calls For Reform of Mental Health Treatment Law
8. CryoCor Invited to Participate in FDA Advisory Panel Meeting on Atrial Fibrillation
9. Patient Safety Authority Board of Directors Names Infection Advisory Panel
10. Partners Rx Chief Pharmacy Officer, Richard Bullard on Panel Discussion at the Fall 2007 Managed Markets Summit (MMS) in Phoenix, AZ.
11. Billians HealthDATA GM Speaking on Dreamforce 07 Panel
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:5/26/2016)... ... 2016 , ... W.S. Badger Co. Inc ., the maker of certified ... Work Works Award for its use of effective workplace strategies to increase business and ... administered by the Families and Work Institute (FWI) and the Society for Human Resource ...
(Date:5/26/2016)... Chicago, Illinois (PRWEB) , ... May 26, 2016 , ... ... relationship with women’s basketball as a partner for the Tamika Catchings Legacy Tour ... , As the industry leader in hardwood basketball surfaces in all forms and levels ...
(Date:5/26/2016)... ... May 26, 2016 , ... There are nearly 14.5 million people ... cancer survivors worldwide. On Sunday, June 5, 2016, communities around the world will gather ... Day®. , National Cancer Survivors Day® is an annual worldwide Celebration of Life ...
(Date:5/26/2016)... ... , ... An April Gallup survey found rising health care costs to be ... Health Senior Living (SHSL) may not share those same worries thanks to a ... the year, while holding the line on increasing their contributions, including premiums, deductibles and ...
(Date:5/26/2016)... (PRWEB) , ... May 26, 2016 , ... ... provider of comprehensive treatment for eating disorders, is opening a brand new child ... provide individuals ages 8-17 and their families with even more specialized eating disorder ...
Breaking Medicine News(10 mins):
(Date:5/24/2016)... as senior vice president of sales, announced Andrea Heslin Smiley , VMS president ... business development and sales team, exploring new opportunities for VMS to empower patients and ... ... ... ...
(Date:5/24/2016)... , May 24, 2016 ... Education in Clinical Neurophysiology  Elsevier , ... products and services, today announced the launch of ... open access journal that focuses on clinical practice issues ... case reports, clinical series, normal values and didactic reviews. ...
(Date:5/23/2016)... , May 23, 2016 Global ... 163 pages, profiles 12 companies and the Paclitaxel analysis ... figures on the industry and its players. ... comprehensive in nature, details the current state of the ... including definitions, classifications, applications and industry chain structure. The ...
Breaking Medicine Technology: