Jury Returns $42.75 Million In Nursing Home Neglect Case Involving Bedsores

A Kentucky jury has awarded $42.75 million to the family of an elderly man who was allegedly neglected in a Madisonville nursing home. The decedent, Joseph Clint Offutt, 92, was reportedly only a resident at the facility, Harborside of Madisonville, for nine days before he died. Wilkes & McHugh represented the family.

The trial lasted three weeks. The family alleged that nursing home staff members neglected Offutt, causing him to suffer severe dehydration, malnutrition, bedsores (pressure sores, decubitus ulcers), infections and, ultimately, death. Adult Protective Services officials of the Cabinet for Health and Family Services reportedly substantiated the allegations of neglect of Offutt. In particular the Cabinet found cited the nursing home for failing to prevent bedsores that developed during the decedent’s admission.

Offutt served in World War II and was still planting crops at age 88. A stroke weakened him in 2007, and his wife of 58 years, Pearline, cared for him at home for eight months before the family realized he needed professional care. The jury awarded $1 million for Offutt’s pain and suffering, $1.75 million for his wife’s loss and $40 million for punitive damages, according to court documents.

Website Resource:

Family awarded $42.75 million in nursing home case, Lexington-Herald-Leader, Valarie Honeycutt Spears, November 19, 2010.

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

Jury Returns $42.75 Million In Nursing Home Neglect Case Involving Bedsores

Personal Injury

Nursing Home Abuse

Car Accidents

Medical Malpractice

Birth Injury

Helpful Content