MARION COUNTY MEDICAL MALPRACTICE VERDICT

Dear NONE,

Earlier today, a Marion County jury returned a $2.5 million verdict against a Winfield nursing home.  The case was tried by David Marsh and Derrick Mills of Marsh, Rickard & Bryan. They were assisted by local counsel Bill Atkinson of Fite, Davis, Atkinson, Guyton & Burt.

The case grew out of the wrongful death of Norman Rhodes, a 62-year old man who was admitted to the Golden Living Nursing Home for care and therapy following two strokes.  Suit was brought by Mr. Rhodes' widow, Linda, his wife of 40 plus years.

The plaintiff clearly proved to the jury's satisfaction that Mr. Rhodes suffered a traumatic catheter injury, which resulted in a loss of blood that led to his death.  There was evidence that the catheter injury happened when Mr. Rhodes was improperly turned by nursing home personnel.  The jury considered evidence that Mr. Rhodes was unable to turn himself and could not have pulled out his catheter by himself.  Also, there was evidence that the risk of injury was substantially increased when the nursing home employees did not use a leg strap to hold Mr. Rhodes' catheter in place as called for in the care plan.

According to David, the lawyers for the nursing home strongly argued that any bleeding experienced by Mr. Rhodes in and around his catheter was not sufficient to cause Mr. Rhodes' death.  The defense assembled a team of three experts from around the country, all of whom testified to a lack of causation, and also to a lack of proof of catheter injury. 

David said this was an important victory for the nearly 24,000 residents in nursing homes in Alabama. He was especially thankful for the help in the courtroom by his longtime friend, Bill Atkinson.