TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, November 7, 2011

WV Nursing Home Verdict: $91.5M

An 87-year-old woman died shortly after entering a Charleston, WV nursing home.  The nursing home has been hit with a $91.5 million jury verdict.  At least 2 issues may be taken up on appeal.  First, WV has a med mal cap that limits recovery of non-economic damages to $500,000.  The jury found that only a small part of the negligence was "medical."  Instead, the largest part of the negligence was the failure to provide basic necessities such as food and water.  Second, in an attempt to earn punies, the plaintiff's lawyer informed the jury that the nursing home's parent corporation earned $4 billion last year.  However, that figure was gross earnings; the parent corporation's taxable income last year was $75 million. has the details.


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