Gugenheim Law News

An Alamance County court had no basis to award attorney fees to the defendants in a nursing-home negligence case in which the plaintiff changed her mind and refused to sign a settlement contract after an agreement had been reached, the Court of Appeals has ruled in an unpublished opinion. Judge Abraham Jones awarded the $1,678.50 […]

The patient, a 61-year-old suffering from Alzheimer\’s disease, was admitted to an adult-care home in June 2007. In September 2007, hospice began to assist with the patient\’s care. The patient had a history of falls, including multiple falls from bed. Hospice ordered a hospital bed with half-length side rails from a medical supply company, which […]

Because the plaintiff asked prior to the expiration of the statute of limitations period for an extension to find an expert who would certify his medical malpractice complaint, a Hertford County court should not have dismissed his lawsuit, the Court of Appeals has ruled. Under civil procedure Rule 9(j), a medmal plaintiff is required to […]

The patient was a 90-year-old long-time resident of the defendant-nursing home with a history of stroke, constipation and urinary tract infections and other conditions, including right-sided paralysis. She was dependent on the nursing home staff for transfers and toileting and needed assistance with eating and drinking. On Dec. 15, 2005, the patient was noted to […]

Type of action: Wrongful death Family care home Injuries alleged: Pressure sores, sepsis Case name: Gibbs v. Primrose Villa Inc., et al. Case number: 07 CVS 79 Court: Harnett County Superior Court Verdict or settlement: Settlement (mediation) Settlement date: December 2007 Amount: $638,000 Special damages: Medical expenses and funeral expenses Plaintiff\’s experts: Wells Edmundson, M.D., […]

Type of action: Wrongful death Hospital fall Injuries alleged: Subdural hematoma Case name: Confidential Case number: Confidential Court: Confidential Verdict or settlement: Settlement (mediation) Settlement date: October 2007 Amount: $500,000 Plaintiff\’s experts: Frances Eason, Ph.D., nursing; Carol White, RN. Plaintiff\’s attorney: Steve Gugenheim of Gugenheim Law, Raleigh Submitted by: Steve Gugenheim The patient, a 72-year-old […]

A Lake Waccamaw nursing home must turn over three incident reports related to the alleged wrongful death of a former patient, the Appeals Court ruled Feb. 20. The appeals panel rejected arguments that the documents were shielded by the peer review privilege of G.S. Sect. 131E-107. That statute, which applies to nursing homes, restricts discovery […]

Type of action: Nursing home negligence Injuries alleged: Bruising and lacerations Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: n/a Name of judge: n/a Special damages: Less than $5,000 Verdict/settlement: Settlement Amount: $425,000 Date obtained: October 2005 Demand: n/a Offer: n/a Experts: Linda Ledray, Ph.D., sexual assault, Minneapolis, MN; Laura Slaughter, M.D., […]

Type of action: Hospital/nursing home negligence Injuries alleged: Wrongful death Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: Mediation Name of judge: Confidential Special damages: Medical, burial and funeral Verdict/settlement: Settled Amount: $890,000 Date obtained: Summer 2005 Demand: n/a Offer: n/a Experts: Jonathan Arden, M.D., McLean VA, pathology; Patricia Brock, RN, Orange […]

A Franklin County jury has held in favor of a Louisburg nursing home on claims the facility failed to prevent and treat an 81-year-old resident\’s pressure sores. The sores, called Stage IV decubitus ulcers, became infected and the man later died. The decedent\’s estate filed a wrongful death suit against the nursing home, Britthaven of […]