West Virginia Supreme Court to Hear Appeal of $91M Nursing Home Verdict

Article

The West Virginia Supreme Court is set to hear arguments in a $91 million verdict against a Charleston nursing home.

The Charleston Gazette reported that the justices will hear Heartland of Charleston’s appeal today.

After a nearly two-week trial in 2011, a Kanawha County jury found that Heartland of Charleston failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks. The 87-year-old woman died 18 days after her release from Heartland.

The original jury award was for $91.5 million. A Kanawha County judge later affirmed most of the award but cut about $400,000, citing the state’s $500,000 cap on non-economic damages in medical liability cases.

Attorneys for the nursing home say all the claims against the nursing home and its employees should be subject to the state’s $500,000 cap.
Related Articles