Defense Verdict in Pressure Sore Case

Speiginer v. Ben Bennett, Inc., et al. 

Riverside County Superior Court Case No. RIC444667- Summary of Trial and Jury Verdict

            Plaintiffs brought suit against a skilled nursing and rehabilitation center alleging elder abuse, negligence per se, fraud, negligent infliction of emotional distress and wrongful death in relation to the care rendered to the plaintiffs’ 91-year old father in March 2005.  Following a short stay at the hospital, the plaintiffs’ father was admitted to the skilled nursing facility for rehabilitation and physical therapy for back pain reportedly caused by a previous motor vehicle accident. He was subsequently diagnosed with metatastic prostate cancer that had spread to the spine. He developed Stage IV pressure ulcers on his coccyx, buttocks, toes and thigh. The decedent was transferred back to the hospital weeks later where he died of sepsis and undiagnosed heart disease.  Plaintiffs claimed that the nursing staff’s failure to provide proper custodial care resulted in dehydration, malnutrition, sepsis and the development of multiple Stage IV pressure sores. The plaintiffs relied on charting discrepancies and the testimony of family members and prior facility staff as evidence of the alleged lack of care.  The defendant contended that the decedent’s multiple medical issues were the expected result of the natural course of the underlying disease process which was accelerated by the decedent’s refusal of care.

            At the conclusion of the plaintiffs’ case, the court granted defendant’s motions for nonsuit as to the fraud and negligent infliction of emotional distress causes of action. The causes of action of elder abuse and wrongful death went to the jury.  The plaintiffs requested a verdict totaling $3.8M.

            After one day of deliberation, the jury found in favor of the defense on wrongful death. On the elder abuse cause of action, the jury did not find the necessary element of reckless neglect. Without this finding the plaintiffs were not entitled to recover pre-death pain and suffering in elder abuse, rendering a complete jury verdict in favor of the defense.