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$508,000 Verdict in Improper Transfer Negligence

Published on August 15th, 2010

The Patriot Ledger reported a recent $508,000 verdict against Kindred in Massachusetts by the great trial attorney David Hoey.  The case involved a 93 year old John J. Donahue, a former patient at Brockton’s Embassy Rehabilitation and Health Center.   He was hit in the eye with the cradle bar of the Hoyer Lift. The CNA was not properly trained and was using the lift by herself when it required two people. The facility waited 18 hours before they sent him to hospital where as a result of the damage to his eye it had to be removed.  Donahue died 47 days later, but the jury did not find that the injury contributed to his death.

A Brockton Superior Court civil jury ordered Kindred Healthcare to pay the damages to Marlene Owens.  Donahue’s eye was crushed iwhen he was struck by a piece of a Hoyer lift, a device designed to help injured or disabled people move between their beds and chairs.

Donahue had suffered a debilitating stroke and required assistance moving back and forth from his chair and bed, said Hoey, who has specialized in nursing-home cases for 14 years.

 Considering their recent financial returns, Kindred should have no problem paying the verdict.  Consolidated revenues rose 1% to $1.1 billion.  Each operating division reported revenue growth compared to last year.  See article here.

 

Joe Pioletti
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