A New York (NYC) jury recently returned a verdict in favor of a 51 year-old nursing home resident at Manhattan’s Terence Cardinal Cooke Health Care Center. The jury found the New York nursing home facility liable for a fall at the facility that resulted in a fractured hip and open reduction internal fixation surgery.
The suit was filed on behalf of John O’Dea who died in March 2007, approximately nine months after the fall that resulted in his hip fracture. A wrongful death claim was dismissed before the case reached the jury. O’Dea’s widow claimed that the New York nursing home never revised her husband’s care plan despite his having fallen five times prior to the fall that caused the fracture. Counsel for the nursing home claimed that all necessary preventative measures were put in place. The jury agreed with the plaintiff and awarded damages totalling $275,000. However, prior to the trial the parties agreed to a high/low agreement of $140,000/$75,000. Accordingly, the plaintiffs will receive $140,000.