You get one life. That's it. Just one. Answer this question: If you are lucky enough to make it to the golden years, do you want to be cared for, respected and ultimately die with your dignity still intact? Or would you rather be left to suffer and waste away alone as if you were nothing? Granted, the answer to that question is simple. Imagine your mom being thrown out like trash, especially when you entrusted her to the care of others. Unfortunately, Tom Douglas didn't have to imagine it. His mom, Dorothy Douglas was killed by the nursing home which was entrusted with her care. So, it shouldn't surprise anyone that a jury verdict of $91.5 million dollars was rendered in August of 2011 in the case of Tom Douglas v. Manor Care, Inc. d/b/a Heartland of Charleston Nursing Home. It should come as less of a surprise that the defendant-nursing home asked the trial judge to overturn the verdict, citing, among other things, that the award should be subject to the $500,000 cap that West Virginia imposes on medical malpractice cases. Judge Paul Zakaib, Jr. of Kanawha County Circuit Court denied that request on Wednesday, April 10, 2013, finding that award was appropriate.
It also comes as no surprise that the defendant, a company that has a history of putting profits over people (according to Judge Zakaib, Jr.) would try to avoid paying for the grievous harm it caused and is appealing this case to the Supreme Court (of West Virginia).
Read the article "Judge denies new trial in $91.5 million nursing home verdict" posted in the WV Gazette on April 11, 2013 here: http://www.wvgazette.com/News/201304110179
